Odom v. International Paper Co.

736 So. 2d 290, 1999 La. App. LEXIS 1304, 1999 WL 274291
CourtLouisiana Court of Appeal
DecidedMay 5, 1999
Docket31,826-WCA
StatusPublished
Cited by7 cases

This text of 736 So. 2d 290 (Odom v. International Paper Co.) 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
Odom v. International Paper Co., 736 So. 2d 290, 1999 La. App. LEXIS 1304, 1999 WL 274291 (La. Ct. App. 1999).

Opinion

736 So.2d 290 (1999)

Ed ODOM, Plaintiff-Appellee,
v.
INTERNATIONAL PAPER COMPANY, Defendant-Appellant.

No. 31,826-WCA.

Court of Appeal of Louisiana, Second Circuit.

May 5, 1999.

*292 Theus, Grisham, Davis & Leigh by David Nelson, Monroe, Counsel for Appellant.

Rhymes & Lucas by Michael Rhymes, Monroe, Counsel for Appellee.

Before BROWN, STEWART, and CARAWAY, JJ.

BROWN, J.

This is a workers' compensation case. The Workers' Compensation Judge ("WCJ") found that claimant, Ed Odom, suffered an on-the-job injury and was entitled to reimbursement for his related medical expenses. The WCJ also assessed defendant, International Paper Company ("IP"), with penalties and attorney fees. From the WCJ's adverse judgment, IP has appealed. We affirm in part and reverse in part.

FACTS AND PROCEDURAL HISTORY

Claimant, Ed Odom, works as a service operator II at IP's Bastrop mill. On October 15, 1996, Odom was scheduled to report to work before 7:00 a.m. Odom recalled arriving at the mill at 6:50 a.m. Jesse Shelton, the security guard on duty at the gate, however, reported Odom's arrival time to be 7:16 a.m. Odom's supervisor, Lloyd "Buddy" Richards, Jr., believing that Odom was late, confronted him.

Odom described the event as follows:

... Mr. Richards asked me why I was late and I told him, I said, "I wasn't late." I said, "My buddy wasn't on his job for me to let him off at the proper time ... I went into the office and he was sitting in the office." And Buddy told me, "You're late." I said, "I was not late." And when I said that, I said that other people come in later than I did at this particular time. And when I said that, Buddy grabbed me and when he grabbed me he said, "I tell you what you go and do your job." And when he grabbed me he turned me and told me to go do my job.

Odom related that Richards grabbed him on his right arm or shoulder. Odom told Richards not to grab him again and Richards apologized.

Richards recalled that Odom was "very late" to work and that Odom admitted that he was late. Richards asked Odom why he was tardy and Odom began asking him about safety problems with the machinery. Richards stated:

[Odom] was getting louder and we were already having to talk loud because we were on the wet end. So I said, "Ed, go to your job. We'll discuss this later." Well, he wouldn't go. So that's when I caught him right on his arm there and I attempted to turn him. I said, "Ed," and I pointed, I said, "Go to your job." Well he jumped back and he said, "You pushed me. You pushed me. I'm a man. You don't suppose [sic] to touch me. Don't put your hands on me."

Richards denied that he pushed Odom; according to the supervisor, he only grabbed Odom's arm in an effort to turn him. Richards stated that he apologized twice for touching claimant to make sure that Odom heard him over the loud machinery. Richards said that Odom never complained to him about being hurt as a result of the incident, nor did he miss any work.

Steven Cox, a machine supervisor at the plant, witnessed the incident. He stated that he first saw Odom that morning between 7:15 and 7:20 a.m. Cox noted that he pointed at his watch to indicate to Odom that he was late. About 20 or 30 minutes later, Cox testified that he witnessed the following:

*293 [Richards] and Ed Odom ... speaking, you know, close together as most people do in a paper mill to understand each other.... I did overhear some of the conversation— Buddy was talking to Mr. Odom about, you know, why he was late. Then something was said by Mr. Odom about ... why we had not disciplined Robert Fletcher or we know that Robert comes in late all the time and we don't do anything about him.... [T]here was a comment made by Mr. Odom, ... trying to imply that we, as supervisors for IP, don't particularly care about safety.

Cox described the conversation as louder than he would have expected but he did not characterize the exchange as angry or agitated. He said:

Mr. Richards ... as they were standing chest to chest, Mr. Richards reached with his left arm and grabbed Mr. Odom on the shoulder or put his hand on his shoulder and attempted to turn him in the direction of the dry end of the machine and said, "Go do your job." At that time I noticed Mr. Odom, he more or less kind of jumped back, raised his arms into the air rather quickly, you know, and threw his arms up, you know, "Don't push me," or "Don't touch me, I'm a man, you don't have to push me."

Cox said that it did not appear to him that Richards pushed Odom. After the incident, Richards immediately apologized for touching Odom.

Odom did not go to the first aid station at the plant. The chief shop steward, James Quarrels, was nearby and spoke to Odom after the incident; he stated that Odom wanted to make a record of the event for the union. Odom said that he wanted to pursue the issue because, "He grabbed me and if I had ... grabbed him I wouldn't have had a job."

Odom testified that a couple of days after the incident his shoulder began to bother him and that he called first aid for permission to see a doctor. Odom did not make a formal report of the injury until November 12, 1996.

On October 23, 1996, IP held a meeting where Odom told several management and union personnel about the incident. Odom said nothing at the meeting about the pain in his shoulder. He claims that he had already notified IP about his injury when he called the first aid station. He related that personnel in first aid referred him to Dr. Carter Cox, whom he saw on November 1st. Odom noted that Dr. Cox gave him pain medication which made him sick. Thereafter, he consulted another doctor, Doug Brown, on November 19th. Dr. Brown diagnosed Odom with mild subluxation of the right shoulder with anterior capsulitis and referred him for physical therapy, which Odom completed. Odom continued to work during the course of treatment.

In January 1997, IP reimbursed Odom a total of $388 for medical expenses. At this time, Patty Jones, a senior field investigator for Helmsman Management and Liberty Mutual, the company that IP uses to handle its workers' compensation claims, investigated Odom's claim. She learned from an IP employee that another man, Anthony Lollie, claimed to have been in a fistfight with Odom two weeks before the incident between Richards and Odom. Lollie related to Ms. Jones that he had fought with Odom in a mall parking lot over a personal matter and testified that he hurt Odom "in every way that I could have— I mean kicking and beating him ... it got pretty brutal there because ... at the time I lost control ... of the situation." Lollie then related that some time later, he met with Odom at the home of a mutual acquaintance, Carolyn Harris, and that Odom paid him $450 not to tell anyone from IP about the fight. Odom admitted that he had words with Lollie, but vehemently denied that he had been in a physical altercation with him or that he had paid Lollie any money. Ms. Harris also spoke to Ms. Jones, although she did not testify. Pursuant to claimant's hearsay *294 objection, the WCJ did not allow into evidence Ms. Jones' recap of what Ms. Harris related to her.

As a result of Ms. Jones' investigation, IP refused to pay any further medical expenses. Ms. Jones testified:

All investigation indicated that it was not anything other than just [Richards] simply touching Mr. Odom and turning him and telling him to get to his job site— to go work. That was supported by witnesses.

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Bluebook (online)
736 So. 2d 290, 1999 La. App. LEXIS 1304, 1999 WL 274291, Counsel Stack Legal Research, https://law.counselstack.com/opinion/odom-v-international-paper-co-lactapp-1999.