Ralph Weaver v. Chicago Bridge & Iron

CourtLouisiana Court of Appeal
DecidedSeptember 18, 2019
DocketWCA-0018-0719
StatusUnknown

This text of Ralph Weaver v. Chicago Bridge & Iron (Ralph Weaver v. Chicago Bridge & Iron) 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
Ralph Weaver v. Chicago Bridge & Iron, (La. Ct. App. 2019).

Opinion

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT

18-719

RALPH WEAVER

VERSUS

CHICAGO BRIDGE & IRON

**********

APPEAL FROM THE OFFICE OF WORKERS’ COMPENSATION - # 3 PARISH OF CALCASIEU, NO. 17-02040 DIANNE MARIE MAYO, WORKERS’ COMPENSATION JUDGE

D. KENT SAVOIE JUDGE

Court composed of Elizabeth A. Pickett, D. Kent Savoie, and Jonathan W. Perry, Judges.

AFFIRMED. John J. Rabalais Matthew D. Crumhorn Rabalais, Unland & Lorio 1404 Greengate Drive, Suite 110 Covington, Louisiana 70433 (985) 893-9900 COUNSEL FOR DEFENDANT/APPELLANT: Chicago Bridge & Iron

Vincent Piazza Scallan Attorney at Law 1515 Poydras Street, Suite 1825 New Orleans, Louisiana 70112 (504) 272-0444 COUNSEL FOR PLAINTIFF/APPELLEE: Ralph Weaver SAVOIE, Judge.

Defendant Chicago Bridge & Iron (CBI) appeals the judgment of the trial

court, finding that Ralph Weaver did not commit fraud pursuant to La.R.S.

23:1208 and La.R.S. 23:1208.1; ordering Chicago Bridge & Iron to pay past and

future Supplemental Earnings Benefits; and ordering Chicago Bridge & Iron to pay

penalties and attorney’s fees. For the following reasons, we affirm.

FACTS AND PROCEDURAL HISTORY

Plaintiff Ralph Weaver filed a Disputed Claim for Compensation on April 3,

2017. He claimed that while working as an employee for CBI, he slipped and fell

as he was stepping down from a crane on a rainy day, injuring his right knee. The

accident occurred on September 13, 2016. Ralph Weaver alleged in the filing that

no wage benefits had been paid and that all benefits were terminated on March 14,

2017. He requested penalties and attorney’s fees for the arbitrary denial of his

workers’ compensation benefits.

CBI filed an Answer alleging that Weaver’s injury was due to a pre-existing

condition and not because of the workplace accident. CBI further alleged that

Weaver made misrepresentations regarding previous injuries, disabilities and

medical conditions. Due to these misrepresentations, CBI claims Weaver forfeited

his entitlement to benefits and subjected himself to civil and criminal penalties

under Section 1208.1 of the Workers’ Compensation Act.

A trial was held in this matter on April 30, 2018. It was CBI’s position that

Weaver failed to provide truthful answers on an LA OWCA Second Injury Board

Knowledge Questionnaire, which Weaver filled out upon being hired by CBI. In

answering the questionnaire, Weaver reported that he suffered a “torn maniskes”

on February 11, 2011, as a result of a prior workplace accident. CBI claimed that Weaver “specifically denied ever having undergone any surgical procedures prior

to being hired by [CBI].” CBI later learned, through discovery, that in 2006 and

2011, “Weaver had undergone two prior right knee surgeries for right meniscus

tears.”

Weaver countered that he submitted a “Medical Examination Report Form”

on the same day as the questionnaire. On this form, he reported having surgery on

his leg, finger, and elbow. Weaver further argued that as part of his job with CBI,

he “was required to walk hundreds of yards, and even up to a mile over unsteady

terrain to reach his crain [sic].” He would then climb a ladder between eight and

eleven feet high to enter the crane. Weaver contended that the evidence showed

that he was able to accomplish these tasks without assistance or accommodations

from CBI. In addition, he was medically cleared by CBI’s own doctors to work as

a crane operator without restrictions.

Following his injury on September 13, 2016, Weaver returned to work with

CBI with restrictions. In February 2017, Weaver suffered an infection in his knee

following a round of injections which resulted in three missed days from work.

When he returned to work on February 7, 2017, Weaver was told that CBI would

no longer provide him with accommodations. Weaver submits that, at this point,

he became entitled to supplemental earnings benefits. However, CBI alleged that

Weaver was terminated for cause due to violation of company policies. It is

Weaver’s position that this was an effort by CBI to avoid paying his benefits.

The workers’ compensation judge (WCJ) found that Weaver proved his

injury of February 13, 2016, and he was entitled to supplemental earnings benefits

from February 7, 2017, until present. The WCJ further found that CBI was

arbitrary and capricious in the handling of this claim and in the termination of

2 Weaver’s benefits. As a result, CBI was ordered to pay two thousand dollars

($2,000.00) in penalties and eight thousand dollars ($8,000) in attorney’s fees.

Thereafter, CBI filed a Motion for New Trial, which was heard on June 11,

2018. The motion was denied, and CBI filed this appeal.

ASSIGNMENTS OF ERROR

1. The Workers’ Compensation Judge erred in finding Weaver was entitled to indemnity benefits from February [7], 2017, to present.

2. The Workers’ Compensation Judge erred in finding Weaver did not violate La.R.S. 23:1208 Fraud Statute based on the multiple misrepresentations made throughout discovery about his pre-existing condition and treatment, as well as his disability status.

3. The Workers’ Compensation Judge committed manifest error in finding Weaver did not violate La. R.S. 23:1208.1, Fraud Statute, based on the facts and evidence presented at trial.

4. The Workers’ Compensation Judge erred in awarding penalties and attorney’s fees for the arbitrary and capricious controversion of disputed claims for workers’ compensation benefits.

LAW AND DISCUSSION

I. Standard of Review

This court in Numa C. Hero & Son v. Leleux, 15-305, p. 3 (La.App. 3 Cir.

10/28/15), 178 So.3d 595, 598, explained:

Factual findings of the WCJ are subject to manifest error review. Buxton v. Iowa Police Dep’t, 09–520 (La.10/20/09), 23 So.3d 275. Whether the burden of proof has been satisfied and whether testimony is credible are questions of fact to be determined by the WCJ. Id. Under the manifest error rule, the reviewing court does not decide whether the factfinder was right or wrong, but only whether its findings are reasonable. Id.

II. Applicable Law

The court in LaSalle v. City of Lake Charles, 17-32, pp. 3-4 (La.App. 3 Cir.

5/24/17), 222 So.3d 148, 151-52 (quoting Bollich v. Family Dollar Inc., 05-1459

(La.App. 3 Cir. 6/21/06), 934 So.2d 249, explained:

3 In a workers’ compensation case, the claimant must establish a causal link between the work-related accident and the claimed disability. Walton v. Normandy Village Homes Ass’n, Inc., 475 So.2d 320 (La.1985). To aid the employee in meeting this burden:

[t]he employee’s workplace accident is presumed to have caused or aggravated his disability when [he] proves that: (1) before the accident, [he] had not manifested disabling symptoms; (2) commencing with the accident, the disabling symptoms appeared; and (3) there is medical or circumstantial evidence indicating a reasonable possibility of causal connection between the accident and activation of the disabling condition. Once an employee establishes the presumption of a [causal] relationship, the employer must produce evidence and persuade the trier of fact that it is more probable than not that the injury was not caused by the work accident. Tate v. Cabot Corp., 01-1652, p. 6 (La.App. 3 Cir. 7/3/02), 824 So.2d 456, 461, writ denied, 02-2150 (La. 11/22/02), 829 So.2d 1044 (quoting Rideaux v. Franklin Nursing Home, 95- 240, p. 5 (La.App. 3 Cir. 11/22/95), 664 So.2d 750, 755, writ denied, 95-3093 (La.

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