Peters v. General Motors Corp.

892 So. 2d 717, 2005 La. App. LEXIS 38, 2005 WL 156792
CourtLouisiana Court of Appeal
DecidedJanuary 26, 2005
Docket39,279-WCA
StatusPublished
Cited by9 cases

This text of 892 So. 2d 717 (Peters v. General Motors Corp.) 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
Peters v. General Motors Corp., 892 So. 2d 717, 2005 La. App. LEXIS 38, 2005 WL 156792 (La. Ct. App. 2005).

Opinion

892 So.2d 717 (2005)

James PETERS, Plaintiff-Appellee
v.
GENERAL MOTORS CORPORATION, Defendant-Appellant.

No. 39,279-WCA.

Court of Appeal of Louisiana, Second Circuit.

January 26, 2005.

*718 Lunn, Irion, Salley, Carlisle & Gardner, by J. Martin Lattier, Shreveport, for Appellant.

*719 William T. Allison, Shreveport, for Appellee.

Before BROWN, GASKINS, and CARAWAY, JJ.

BROWN, C.J.

Defendant, General Motors Corporation ("GM"), has appealed a judgment of the Office of Workers' Compensation ("OWC") denying its motion to modify a previous award of benefits to claimant, James Peters. We affirm.

Facts

James Peters began his employment with GM on October 25, 1976, and worked continuously on the assembly line until his retirement on August 1, 2003, at age 63. This appeal concerns Peters' entitlement to supplemental earnings benefits ("SEB").

In 2000, Peters developed carpal tunnel syndrome in both hands and, despite surgery on his right wrist in 2001, Peters became disabled from work in February 2002. Peters filed a disputed claim for compensation with the OWC on May 6, 2002, and in July 2002, GM voluntarily began payment of indemnity benefits to Peters. The record does not show whether these payments were categorized as temporary total disability ("TTD") benefits or SEB. In January 2003, GM scheduled Peters for a medical examination by the plant doctor, Charles Black. Because Peters did not attend this scheduled appointment with Dr. Black, GM ceased paying indemnity benefits to claimant.

On May 9, 2003, this matter was tried. The Workers' Compensation Judge ("WCJ") noted that it had observed the witnesses carefully and that "a lot of this has to go to the issue of credibility." After observing that the termination of Peters' benefits was "totally unnecessary," that the situation "could have been cleared up with a phone call," and that "I don't think General Motors covered itself with glory on this one," the WCJ reinstated Peters' indemnity benefits and awarded him the amount of the missed payments, together with penalties and attorney fees. The WCJ thereafter deleted the penalty award because it was not provided for in the applicable statute.

Six weeks later, on June 23, 2003, GM filed a motion under La. R.S. 23:1310.8 to modify the May 9, 2003, judgment. According to GM, it offered Peters a full-time job at the plant at his old rate of pay, a position that accommodated his medical restrictions. Thus, GM asserted in its motion to modify, it was entitled to terminate Peters' indemnity benefits.

On August 1, 2003, Peters retired from GM. Claimant took a regular retirement rather than a disability retirement. According to Peters:

I didn't know anything about [a disability retirement]. Well, my — the only reason why I retired is to get some relief until I can get my hands together to where I can go and do a job. That's why I had to do something.

He further explained:

Q: Now, was it your intention when you took this retirement to permanently withdraw from the work force?
A: No, no.
Q: What is your intention?
A: Well, as soon as I'm able medically to go to work.

Peters testified, however, that he has not applied for work anywhere else since leaving GM.

The WCJ did not hold a trial on GM's motion to modify the judgment, but decided the matter on the record. On March 26, 2004, the WCJ issued written reasons *720 for judgment in favor of the claimant. In these reasons, the WCJ observed:

A careful reading, or even a cursory reading for that matter, of Dr. Black's testimony simply does not support GM's position [on the relationship between the job offered and claimant's physical limitations]. One searches in vain for something resembling a simple declarative statement by Dr. Black, either at trial or in written testimony, which says in clear and unambiguous language something to the effect that "Mr. Peters is capable of stepping into this specific job which is immediately available and at which he can earn at least 90% of his pre-injury wage."

On the retirement issue, the WCJ stated:

[Mr. Peters'] stated intention [to return to the workforce] must be viewed in light of his work record, which, as stated, consists of more than 38 [should be 28, as noted earlier in the reasons for judgment] years with the same employer. It takes a wider stretch than this Court is willing to take to reach the conclusion that this man is a malingerer who is looking for a way to gouge his employer, to escape from the labor force and to avoid work. His demeanor certainly did not suggest that to the Court and neither did the evidence, documentary or live.

On June 21, 2004, the WCJ signed a judgment denying GM's motion to modify. From this judgment, GM has appealed.

Discussion

The judgment appealed from is a motion to modify made under the authority of La. R.S. 23:1310.8, which allows the WCJ to retain continuing jurisdiction over most compensation matters.

A motion to modify is made by reference to a prior award of compensation. Matthews v. Farley Industries c/w Martin v. Texaco, Inc., 95-1387, 95-1796 (La.02/28/96), 668 So.2d 1144. Initially, GM voluntarily made payments. When it stopped payments, a trial was necessary and resulted in a judgment ordering indemnity benefits to be paid "for so long as claimant remains disabled."

In workers' compensation cases, the appropriate standard of review to be applied by the appellate court to the WCJ's findings of fact is the manifest error/clearly wrong standard. Dean v. Southmark Construction, 03-1051 (La.07/06/04), 879 So.2d 112; Alexander v. Pellerin Marble & Granite, 93-1698 (La.01/14/94), 630 So.2d 706; Figueroa v. Hardtner Medical Center, 35,678 (La.App.2d Cir.01/25/02), 805 So.2d 1267, appeal after remand, 37,568 (La.App.2d Cir.08/20/03), 852 So.2d 1187. In applying this standard, the court must determine not whether the trier of fact was wrong, but whether the factfinder's conclusion was a reasonable one. Howard v. Holyfield Construction, Inc., 38,728 (La.App.2d Cir.07/14/04), 878 So.2d 875. Where there is conflict in the testimony, reasonable evaluations of credibility and reasonable inferences of fact should not be disturbed upon review. Dean, supra; Longoria v. Brookshire Grocery Co., 37,975 (La.App.2d Cir.12/19/03), 862 So.2d 1172, writ denied, 04-0157 (La.04/23/04), 870 So.2d 299.

The manifest error/clearly wrong standard of appellate review applies in workers' compensation actions even when the tribunal's decision is based solely upon written reports, records, or depositions. Fite v. Louisiana Title Co., 02-2607 (La.06/27/03), 852 So.2d 983, on remand, 36,393 (La.App.2d Cir.10/24/03), 859 So.2d 259, writ denied, 03-3230 (La.02/20/04), 866 So.2d 829; Johnson v. Johnson Controls, 38,495 (La.App.2d Cir.05/12/04), 873 So.2d 923.

*721 The parties agree that Peters is receiving SEB and that the applicable statute regarding his entitlement to these benefits is La. R.S. 23:1221(3). As noted by the supreme court in Banks v. Industrial Roofing & Sheet Metal Works, Inc., 96-2840 (La.07/01/97), 696 So.2d 551, 556, quoting Pinkins v. Cardinal Wholesale Supply, Inc.,

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892 So. 2d 717, 2005 La. App. LEXIS 38, 2005 WL 156792, Counsel Stack Legal Research, https://law.counselstack.com/opinion/peters-v-general-motors-corp-lactapp-2005.