Malbrue v. St. Landry Parish School Bd.

673 So. 2d 1157, 1996 WL 195472
CourtLouisiana Court of Appeal
DecidedApril 24, 1996
Docket95-1426
StatusPublished
Cited by6 cases

This text of 673 So. 2d 1157 (Malbrue v. St. Landry Parish School Bd.) 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
Malbrue v. St. Landry Parish School Bd., 673 So. 2d 1157, 1996 WL 195472 (La. Ct. App. 1996).

Opinion

673 So.2d 1157 (1996)

Sarah R. MALBRUE, Plaintiff-Appellee-Appellant,
v.
ST. LANDRY PARISH SCHOOL BOARD, Defendant-Appellee-Appellant.

No. 95-1426.

Court of Appeal of Louisiana, Third Circuit.

April 24, 1996.

*1158 Christopher Alan Edwards, Lafayette, for Sarah R. Malbrue.

Peter Forrestt Caviness, Opelousas, for St. Landry Parish School Board.

Before KNOLL, WOODARD and PETERS, JJ.

WOODARD, Judge.

The issues in this worker's compensation case concern entitlement to continuing weekly indemnity benefits, attorney fees and penalties, and whether the work-related accident caused a number of the plaintiff's disabilities.

FACTS

This matter came before the worker's compensation administrative hearing officer in Opelousas on May 22, 1995. The parties stipulated that the claimant, Sarah Malbrue, on January 7, 1993, slipped and fell and was injured within the course and scope of her *1159 employment with the St. Landry Parish School Board. They further stipulated as to Malbrue's average weekly wage and as to the compensation rate, and that she was paid temporary total disability from January 7, 1993, through August 9, 1993, and again from April 1, 1994, through June 9, 1994.

The issues to be resolved were: (1) the nature and extent of Malbrue's injury and disability; (2) whether she was entitled to temporary total disability and/or supplemental earnings benefits from June 9, 1994, through the present; (3) whether Malbrue was entitled to further medical treatment; and (4) whether the School Board was arbitrary and capricious in terminating her benefits.

Judgment was rendered July 20, 1995, the hearing officer finding in part for both parties and issuing these rulings: (1) Malbrue suffered an accident and injury in the course and scope of her employment which resulted in fibromyalgia and in a mitral valve prolapse; (2) Malbrue was entitled to payment of medical expenses related to fibromyalgia and mitral valve prolapse per the fee schedule, and she was also to be reimbursed for any out-of-pocket expenses associated with those two conditions; (3) the School Board was ordered to authorize an evaluation of the TMJ complaints of Malbrue; (4) Malbrue was not entitled to indemnity benefits after June 9, 1994, through the date of the hearing; (5) the School Board was not arbitrary and capricious in terminating Malbrue's indemnity benefits; (6) the School Board was arbitrary and capricious in not authorizing medical evaluation and/or treatment for fibromyalgia, mitral valve prolapse, and TMJ—for this failure (7) the School Board was condemned to pay penalties of $1,000.00 and attorney fees of $1,000.00; and (8) the School Board was cast with all costs of the administrative proceedings.

Both parties have appealed, each taking exception to some of the hearing officer's rulings.

ASSIGNMENTS OF ERROR

Malbrue contends that: (1) the hearing officer erred in finding that the claimant was not entitled to temporary total disability benefits from June 9, 1994, and continuing; (2) attorney fees at the trial court level should be increased from $1,000.00 to $2,500.00; and (3) additional attorney fees in the amount of $1,500.00 should be awarded for representation on appeal.

The School Board claims the hearing officer erred in ruling that: (1) Malbrue's accident and injury caused a mitral valve prolapse; (2) Malbrue was entitled to payment of medical expenses related to the mitral valve prolapse; (3) the School Board was to have Malbrue's TMJ complaints medically evaluated; and (4) the School Board was arbitrary and capricious for not authorizing medical evaluation and/or treatment for fibromyalgia, mitral valve prolapse, and TMJ, which called for $1,000.00 in penalties and $1,000.00 in attorney fees.

LAW & DISCUSSION

The scope of appellate review for worker's compensation cases is the same as that which is applicable to district court findings: the hearing officer's findings of fact are not to be set aside by the court of appeal unless those findings are clearly wrong/manifestly erroneous in light of the record reviewed in its entirety. Alexander v. Pellerin Marble & Granite, 93-1698 (La. 1/14/94), 630 So.2d 706. The reviewing court must give great weight to the trier of fact's factual conclusions (in this case, the hearing officer's), and reasonable evaluations of credibility and reasonable inferences of fact should not be disturbed, even if the appellate court believes its own evaluations and inferences are as reasonable. Bruno v. Harbert Intern. Inc., 593 So.2d 357 (La.1992); Frelow v. Mills, 94-799 (La.App. 3 Cir. 12/7/94), 647 So.2d 475, writ denied, 95-65 (La. 3/10/95), 650 So.2d 1180.

CONTINUING TTD BENEFITS

In her reasons for judgment, the administrative hearing officer, after summarizing the findings and opinions of the physicians who had treated or examined Malbrue, concluded that "the medical evidence submitted at trial is insufficient to prove continuing disability. The majority of doctors released *1160 her to return to her former employment; Dr. Dugal, her family physician, is the only doctor who placed any significant restrictions on her activities." In her brief to this court, the plaintiff does not refute the findings and opinions of these doctors, or state why the hearing officer was wrong in relying on those findings and opinions. Malbrue makes no legal argument as to this, or any other, issue. Instead, she contends that because she has medical problems, she is therefore disabled and should be entitled to indemnity benefits.

That, however, is not the standard for entitlement to temporary total disability benefits. To be entitled to receive TTD benefits, Malbrue has the burden of proving by clear and convincing evidence, unaided by any presumption, that she cannot engage in any type of employment. La.R.S. 23:1221(1)(c); Bailey v. Smelser Oil & Gas, Inc., 620 So.2d 277 (La.1993); Bundren v. Affiliated Nursing Homes, 94-808 (La.App. 3 Cir. 2/1/95), 649 So.2d 1177. To prove a matter by clear and convincing evidence means to demonstrate that the existence of a disputed fact is highly probable, much more probable than its nonexistence. Id. Whether this burden of proof has been met is a factual finding and will not be disturbed on appeal absent manifest error. Id.

A review of the record in this case amply supports the findings of the hearing officer that Malbrue was not entitled to TTD benefits after June 9, 1994. The overwhelming medical evidence and opinion indicate that Malbrue can return to her job or similar work. In fact, as of the hearing, her position with the School Board awaits her return. Therefore, the hearing officer did not manifestly err, and this assignment is without merit.

CAUSATION: MITRAL VALVE PROLAPSE

The School Board does not contest the hearing officer's finding that Malbrue's fibromyalgia was caused by her on-the-job accident. Thus, it does not object to paying the medical expenses associated with her fibromyalgia. The School Board does, however, object to paying the medical expenses associated with Malbrue's mitral valve prolapse, contending that the hearing officer erred in concluding that this infirmity was caused by her accident.

Malbrue's medical expenses associated with her mitral valve prolapse are compensable, for worker's compensation purposes, only if they are occasioned by the work-related injury. La.R.S. 23:1203(A); Walker v. Halliburton Services, Inc., 93-722 (La.App. 3 Cir. 3/1/95), 654 So.2d 365,

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Johnson v. TK Stanley, Inc.
781 So. 2d 760 (Louisiana Court of Appeal, 2001)
Willis v. Alpha Care Home Health
780 So. 2d 505 (Louisiana Court of Appeal, 2001)
Marks v. 84 Lumber Co.
771 So. 2d 751 (Louisiana Court of Appeal, 2000)
Demeritt v. Trahan
755 So. 2d 952 (Louisiana Court of Appeal, 1999)

Cite This Page — Counsel Stack

Bluebook (online)
673 So. 2d 1157, 1996 WL 195472, Counsel Stack Legal Research, https://law.counselstack.com/opinion/malbrue-v-st-landry-parish-school-bd-lactapp-1996.