Ross v. REMEDIATION SERVICES OF LA.

714 So. 2d 218, 1998 WL 248308
CourtLouisiana Court of Appeal
DecidedMay 15, 1998
Docket97 CA 2102
StatusPublished
Cited by10 cases

This text of 714 So. 2d 218 (Ross v. REMEDIATION SERVICES OF LA.) 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
Ross v. REMEDIATION SERVICES OF LA., 714 So. 2d 218, 1998 WL 248308 (La. Ct. App. 1998).

Opinion

714 So.2d 218 (1998)

Louis ROSS
v.
REMEDIATION SERVICES OF LOUISIANA, et al.

No. 97 CA 2102.

Court of Appeal of Louisiana, First Circuit.

May 15, 1998.

*219 Arthur Cobb, Michelle Sorrells, Baton Rouge, for Plaintiff/Appellant Louis Ross.

Patrick F. Robinson, Baton Rouge, for Defendants/Appellees Remediation Services of Louisiana et al.

Before GONZALES, PARRO and GUIDRY, JJ.

GONZALES, Judge.

In this appeal, Louis Ross, the claimant, challenges a judgment dismissing his claim for workers' compensation benefits against his employer, Remediation Services of Louisiana, Inc. (RSL), and its insurer, Louisiana Workers' Compensation Corporation (LWCC) (the defendants). The workers' compensation judge concluded that Mr. Ross failed to prove his entitlement to continuing benefits after payments were discontinued by the defendants.

FACTS AND PROCEDURAL HISTORY

On March 15, 1994, Mr. Ross received an electrical shock from a piece of equipment while at work. He was taken to Employer's Medical Clinic in Baton Rouge, Louisiana, with complaints of pain in his right arm and tightness in his chest. He was subsequently treated at Our Lady of the Lake Regional Medical Center emergency room, but was discharged on the same day with no obvious abnormalities detected.

Mr. Ross alleges that after being shocked, he began to hear voices in his head, one of which he identifies as "Mr. Charlie." Although he has never seen Mr. Charlie, Mr. Ross claims that Mr. Charlie encourages him to commit destructive and harmful acts to objects and other persons.

Mr. Ross was paid workers' compensation benefits from March 16, 1994 through July 21, 1994. On August 25, 1994, Mr. Ross filed a disputed claim for compensation, seeking additional benefits. A trial was held before the workers' compensation judge on May 1, 1997, and on May 16, 1997, she signed a judgment dismissing Mr. Ross's claims with prejudice.

Mr. Ross appeals from this adverse judgment, asserting the following assignments of error:

1. The workers' compensation judge manifestly erred in her determination that he did not prove by clear and convincing evidence that he sustained a mental injury from a physical injury, pursuant to La.R.S. 23:1021(7)(c).
2. The workers' compensation judge manifestly erred in considering the report from Dr. Robert Blanche because he failed to meet the requirements of La.R.S. 23:1317.1.

DR. BLANCHE'S IME REPORT

In his second assignment of error, Mr. Ross challenges the report submitted by an independent medical examiner (IME) who evaluated him. According to Mr. Ross, Dr. Robert Blanche's report should not have *220 been considered by the workers' compensation judge because Dr. Blanche failed to (1) include a copy of his curriculum vitae with his report, (2) attach a written certification authenticating his report, and (3) timely submit the report within 30 days after performing the independent medical examination, as is required by La. R.S. 23:1317.1.[1]

In essence, Mr. Ross's challenge to Dr. Blanche's report is that it lacks authenticity. The requirement that evidence be authentic is a rule of evidence found in Article 901[2] of the Louisiana Code of Evidence. Although all findings of fact must be based on competent evidence, the workers' compensation judge is not bound by technical rules of evidence or procedure, other than as provided in the Louisiana Workers' Compensation Law. La. R.S. 23:1317(A). However, if the authenticity requirement of La. C.E. art. 901 were applicable to this case, all of the rules of evidence would apply, including the contemporaneous objection requirement contained in La. C.E. art. 103(A)(1).[3] Because the record indicates that Mr. Ross made no objection when Dr. Blanche's report was filed into evidence, we conclude that, if the rules of evidence were applicable, Mr. Ross waived his right to object to the report's authenticity. See Broussard v. West-Cal Construction Company, Inc., 96-18 (La.App. 3d Cir. 6/12/96), 676 So.2d 743, 745-746; Schmitt v. City of New Orleans, 632 So.2d 367, 370 (La.App. 4th Cir.1993). This assignment of error is without merit.

MENTAL INJURY CAUSED BY A PHYSICAL INJURY

In his first assignment of error, Mr. Ross contends that the workers' compensation judge manifestly erred in concluding that he failed to carry his burden of proving that he suffered a mental injury caused by a physical injury, entitling him to continuing benefits.[4]

In order to recover benefits under the Louisiana Workers' Compensation Law, an employee must establish that he received a personal injury by accident arising out of and in the course and scope of his employment. La. R.S. 23:1031(A). Where a mental injury or illness develops secondary to a physical injury sustained in a work-related accident, an employee is entitled to compensation benefits for any disability resulting from the mental injury or illness and to reimbursement for mental treatment medical expenses. *221 Charles v. South Central Industries, 96-0883 (La.11/25/96), 683 So.2d 706, 708.

In order to obtain compensation benefits for a mental injury caused by a physical injury, (1) the claimant must prove by clear and convincing evidence that the physical injury caused the mental injury, (2) the mental injury must be diagnosed by a licensed psychiatrist or psychologist, and (3) the diagnosis must meet the most current criteria established by the American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders. La. R.S. 23:1021(7)(c), (d); Charles v. South Central Industries, 683 So.2d at 709. To prove a matter by clear and convincing evidence means to demonstrate that the existence of a disputed fact is highly probable, that is, much more probable than its nonexistence. Renter v. Willis-Knighton Medical Center, 28,589 (La.App. 2nd Cir. 8/23/96), 679 So.2d 603, 607.

The compensation statutes are to be liberally construed in order to afford coverage. Harold v. La Belle Maison Apartments, 94-0889 (La.10/17/94), 643 So.2d 752, 757. Nevertheless, the claimant's burden of proving his injury is not relaxed. Moore v. Popeye's Fried Chicken, 96-1889 (La.App. 1st Cir. 6/20/97), 697 So.2d 5, 9. In deciding whether a claimant in a workers' compensation action has proven his claimed disability, the totality of the evidence, medical and lay, must be considered. Bass v. National Maintenance Corporation, 95-0367 (La.App. 1st Cir. 12/15/95), 665 So.2d 782, 786. The workers' compensation judge's factual determination as to whether the claimant has discharged his burden of proof should not be disturbed on review absent manifest error. Charles v. South Central Industries, 683 So.2d at 709. Reviewing courts must analyze claimed disability caused by mental conditions with utmost caution, in view of the nebulous characteristics of mental conditions and the possibility of symptoms being easily feigned. Williams v. Regional Transit Authority, 546 So.2d 150, 158 (La.1989).

Mr. Ross was evaluated by Cary D. Rostow, a clinical psychologist, over a course of three visits in December of 1995. With regard to auditory hallucinations, Mr. Ross related to Dr. Rostow that, on numerous occasions since the March 15, 1994 accident, Mr. Charlie had instructed him to do harm to others and/or himself, such as hitting his dog, shooting his former attorney, shooting himself, and getting out of a taxi while the vehicle was moving. Mr.

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Bluebook (online)
714 So. 2d 218, 1998 WL 248308, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ross-v-remediation-services-of-la-lactapp-1998.