Leeman v. Triple E Transport, Inc.

744 So. 2d 89, 99 La.App. 4 Cir. 0229, 1999 La. App. LEXIS 2201, 1999 WL 521715
CourtLouisiana Court of Appeal
DecidedJune 30, 1999
DocketNo. 99-CA-0229
StatusPublished
Cited by1 cases

This text of 744 So. 2d 89 (Leeman v. Triple E Transport, Inc.) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Leeman v. Triple E Transport, Inc., 744 So. 2d 89, 99 La.App. 4 Cir. 0229, 1999 La. App. LEXIS 2201, 1999 WL 521715 (La. Ct. App. 1999).

Opinion

JjJONES, Judge.

Claimant/appellant, Richard Leeman, appeals the judgment of the Workers’ Compensation Judge (WCJ), dismissing his claim for benefits under the Louisiana Workers’ Compensation Act. The WCJ found Leeman disqualified for benefits because he had failed to prove that his intoxication was not a contributing cause of his work-related accident. After a review of the record, we affirm.

FACTS

Leeman filed a disputed claim for worker’s compensation benefits with the Office of Worker’s Compensation. In his claim, Leeman alleged that while he was in the course and scope of his employment with Triple E Transport, Inc., he sustained a compensable injury when his tractor-trailer went into a ditch in Jefferson Davis Parish. Leeman argues that although all his medical expenses were paid, his employer failed to pay him workers’ compensation benefits.

According to Leeman’s testimony, the incident happened on March 8, 1996, at or aroúnd 6:00 a.m. in Sulphur, Louisiana, when he attempted to make a right turn onto the eastbound ramp on Interstate 10 from U.S. 165. , Leeman testified that when he made the right "turn, he testified that the frame of the container he was hauling struck the tractor-trailer frame and caused the tractor-trailer to fall into a | j>.near-by ditch. Leeman testified that the “fifth wheel” on the tractor-trailer caused the vehicle to overturn. As a result of the accident, Leeman sustained a closed-head injury, and a loss of consciousness. Lee-man was subsequently transported to Lake Charles Memorial Hospital by ambulance. Lake Charles Memorial Hospital performed two drug screens on Leeman, which tested positive for cocaine. The officer who investigated the accident scene also ordered a blood test to be conducted. However, the blood tests results were negative for cocaine.

Following trial, the WCJ dismissed Lee-man’s claim after concluding that Lee-man’s employer had proven by a preponderance of the evidence that the claimant operated the vehicle while under the influence of á controlled substance, to wit, cocaine. The WCJ further concluded that Leeman’s intoxication was a contributing cause of the accident under La. R.S. 23:1081. It is from this judgment that the claimant appeals.

DISCUSSION

In his sole assignment of error, Leeman argues that the WCJ erred in dismissing his claim for benefits because the employer failed to prove by a preponderance of the evidence that his drug usage was a cause of the accident.

At trial, Leeman introduced into evidence the blood test results of the Louisiana State Police Crime Laboratory as an indication that he was not intoxicated on the date of the accident. Triple E- attacked the crime lab report, and argued that while the blood sample was taken on March 8, 1996, and placed in the evidence drop box in Jefferson Davis Parish, the toxicology test was not performed until March 25, 1996, three weeks later. Triple E also argued that the delay in the testing procedure allowed any illegal substance in the blood to decompose so as to |3give a negative test result. Thus, Triple E argues that the results of this drug test were unreliable.

Moreover, Triple E argues that both Dr. Dean Moore’s consultation report, and the drug screen conducted by Dr. Brian Heinen, revealed that Leeman had cocaine in his blood stream on the date of the accident. Further, Triple E argues that Lee-man admitted to ingesting drugs approximately 14 days prior to the accident, and that he had been an active user of illegal drugs for over 17 years. Thus, Triple E concludes that the trial court was correct in concluding that Leeman was not entitled to worker’s compensation benefits because [91]*91his intoxication contributed to the cause of the accident. We agree.

Factual findings in worker’s compensation cases are subject to the manifest error or clearly wrong standard of review. Seal v. Gaylord Container Corp., 97-0688 (La.12/2/97), 704 So.2d 1161, 1164; Rareshide v. Mobil Oil Corp., 97-1376 (La.App. 4 Cir. 4/22/98), 719 So.2d 494, writ denied, 98-1595 (La.10/9/98), 726 So.2d 28. Under the manifest error/clearly wrong standard of review, the appellate court need only determine whether the factfin-der’s conclusion was a reasonable one. Rareshide, 719 So.2d at 499. Where two permissible views of the evidence exits, a factfinder’s choice between the two views can never be manifestly erroneous or clearly wrong. See Banks v. Industrial Roofing & Sheet Metal Works, 96-2840 (La.7/1/97), 696 So.2d 551, 556.

La. R.S. 23:1081 reads in pertinent part as follows:

(1) No compensation shall be allowed for an injury caused:
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(b) by the injured employee’s intoxication at the time of the injury, unless the employee’s intoxication resulted from activities which |4were in pursuit of the employer’s interests or in which the employer procured the intoxicating beverage or substance and encouraged its use during the employee’s work hours,
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(2) In determining whether or not an employer shall be exempt from and relieved of paying compensation because of injury sustained by an employee for any cause or reason set forth in this Subsection, the burden of proof shall be upon the employer.
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(3) For purposes of proving intoxication, the employer may avail himself of the following presumptions:
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(4)If there was, at the time of the accident, evidence of either on or off the job use of a nonprescribed controlled substance as defined in 21 U.S.C. 812, Schedules I, II, III, IV, and V, it shall be presumed that the employee was intoxicated.
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(7)(a) For purposes of this Section, the employer has the right to administer drug and alcohol testing or demand that the employee submit himself to drug and alcohol testing immediately after the alleged job accident.
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(8) In order to support a finding of intoxication due to drug use, and a presumption of causation due to such intoxication, the employer must prove the employee’s use of the controlled substance only by a preponderance of the evidence. In meeting this burden, the results of the employer-administered tests shall be considered admissible evidence when those tests are the result of the testing for drug usage done by the employer pursuant to a written and promulgated substance abuse rule or policy established by the employer.
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(12) Notwithstanding any language to the contrary, once the employer has met the burden of proving intoxication at the time of the accident, it shall be presumed that the 1 fiaccident was caused by the intoxication. The burden of proof then is placed upon the employee to prove that the intoxication was not a contributing cause of the accident in order to defeat the intoxication defense of the employer.

[92]*92(Emphasis added). See also Porche v. S & M Const., 97-923 (La.App. 5 Cir. 4/15/98), 711 So.2d 429; and Williams v.

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Bluebook (online)
744 So. 2d 89, 99 La.App. 4 Cir. 0229, 1999 La. App. LEXIS 2201, 1999 WL 521715, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leeman-v-triple-e-transport-inc-lactapp-1999.