Silas v. Sowela Technical College

84 So. 3d 710, 11 La.App. 3 Cir. 1022, 2012 WL 280683, 2012 La. App. LEXIS 128
CourtLouisiana Court of Appeal
DecidedFebruary 1, 2012
DocketNo. 11-1022
StatusPublished

This text of 84 So. 3d 710 (Silas v. Sowela Technical College) 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
Silas v. Sowela Technical College, 84 So. 3d 710, 11 La.App. 3 Cir. 1022, 2012 WL 280683, 2012 La. App. LEXIS 128 (La. Ct. App. 2012).

Opinion

EZELL, Judge.

|! Sowela Technical College (Sowela) appeals the decision of the workers’ compensation judge finding that Viney J. Silas suffered a workplace accident that required the payment of disability benefits. Sowela also appeals the awards of penalties and attorney fees for the failure to pay those benefits. Ms. Silas has answered the appeal, seeking additional attorney fees for work done on appeal. For the following reasons, we affirm the decision of the workers’ compensation judge.

Ms. Silas was employed by Sowela as a clinical nursing instructor on December 10, 2008, when she alleges she injured her knee pushing a large box of books. She continued work that day, but saw her primary care physician the next day for the pain. She continued to work until the Christmas holidays because the school was a nurse short. However, Ms. Silas claims she told her human resources manager and Sowela’s chancellor of the accident. This was not contradicted by Sowela. Her knee continued to get worse until her last day of work, January 4, 2009. She was referred to Dr. Geoffrey Collins, an orthopedic surgeon, who performed an arthroscopic procedure on her on January 27, 2009. He found that Ms. Silas had osteoarthritis, but with pain exceeding the expectations of that diagnosis. When this surgery did not help, Ms. Silas could not return to work. She was terminated on May 4, 2009. Dr. Collins later performed a partial knee replacement on May 13, 2009, which also did not alleviate the pain. Ms. Silas eventually filed this current claim for workers’ compensation in October, 2009. Subsequently, Ms. Silas had a complete knee replacement on February 23, 2010, performed by Dr. Vasilios Matthews. After that surgery, she was able to return to a similar position teaching, but only in a part-time manner.

The workers’ compensation judge found that Ms. Silas suffered a workplace accident, awarded temporary total disability benefits from January 4, 2009, until 1 ?April 14, 2010, when Ms. Silas returned to part-time work. He awarded supplemental earnings benefits (SEB) thereafter. The workers’ compensation judge also awarded Ms. Silas $4,000.00 in penalties for Sowe-la’s failure to timely pay benefits and $12,600.00 in attorney fees. From that decision, Sowela appeals.

Sowela asserts three assignments of error on appeal. It claims the workers’ compensation judge erred in finding an injury resulted from a workplace accident; in awarding Ms. Silas SEB; and in awarding penalties and attorney fees against it. Ms. Silas answers, seeking additional attorney fees for work done on appeal.

The standard for reviewing a workers’ compensation judge’s decision was discussed by this court in Butterfield v. Turner Industries, 06-1098, pp. 3-4 (La.App. 3 Cir. 2/7/07), 951 So.2d 476, 479, writ denied, 07-507 (La.4/27/07), 955 So.2d 692 (alteration in original):

In Dean v. Southmark Const., 03-1051, p. 7 (La.7/6/04), 879 So.2d 112, 117, the supreme court stated:
In worker’s compensation cases, the appropriate standard of review to be applied by the appellate court to the OWC’s findings of fact is the “manifest error-clearly wrong” standard. Brown v. Coastal Construction & Engineering, Inc., 96-2705 (La.App. 1 [713]*713Cir. 11/7/97), 704 So.2d 8, 10, (citing Alexander v. Pellerin Marble & Granite, 93-1698, pp. 5-6 (La.1/14/94), 630 So.2d 706, 710). Accordingly, the findings of the OWC will not be set aside by a reviewing court unless they are found to be clearly wrong in light of the record viewed in its entirety. Alexander, 630 So.2d at 710. Where there is conflict in the testimony, reasonable evaluations of credibility and reasonable inferences of fact should not be disturbed upon review, even though the appellate court may feel that its own evaluations and inferences are as reasonable. Robinson v. North American Salt Co., 02-1869 (La.App. 1 Cir.2003), 865 So.2d 98, 105. The court of appeal may not reverse the findings of the lower court even when convinced that had it been sitting as the trier of fact, it would have weighed the evidence differently. Robinson, 865 So.2d at 105. The determination of whether injury occurred in the course and scope of employment is a mixed question of law and fact. Winkler v. Wadleigh Offshore, Inc., 01-1833 (La.App. 4 Cir. 4/24/02), 817 So.2d 313, 316 (citing Wright v. Skate Country, Inc., 98-0217 (La.App. 4 Cir. 5/12/99), 734 So.2d 874).

This court, in Monceaux v. R & R Const., Inc., 05-533, p. 6 (La.App. 3 Cir. 12/30/05), 919 So.2d 795, 799-800, writs denied, 06-585 (La.5/5/06), 927 So.2d 325, 06-636 (La.5/5/06), 927 So.2d 317, noted the following:

The Louisiana Supreme Court, in Bruno v. Harbert International Inc., 593 So.2d 357, 361 (La.1992), expounded on what proof will satisfy an employee’s burden in proving a work-related injury:
A worker’s testimony alone may be sufficient to discharge this burden of proof, provided two elements are satisfied: (1) no other evidence discredits or casts serious doubt upon the worker’s version of the incident; and (2) the worker’s testimony is corroborated by the circumstances following the alleged incident. West v. Bayou Vista Manor, Inc., 371 So.2d 1146 (La.1979); Malone and Johnson, 13 Louisiana Civil Law Treatise, Workers' Compensation, § 253 (2d Ed.1980). Corroboration of the worker’s testimony may be provided by the testimony of fellow workers, spouses or friends. Malone & Johnson, supra; Nelson v. [Roadway Express, Inc., 588 So.2d 350 (La.1991) ]. Corroboration may also be provided by medical evidence. West, supra.
In determining whether the worker has discharged his or her burden of proof, the trial court should accept as true a witness’s uncontradicted testimony, although the witness is a party, absent “circumstances casting suspicion on the reliability of this testimony.” West, 371 So.2d at 1147; Holiday v. Borden Chemical, 508 So.2d 1381, 1383 (La.1987). The trial court’s determinations as to whether the worker’s testimony is credible and whether the worker has discharged his or her burden of proof are factual determinations not to be disturbed on review unless clearly wrong or absent a showing of manifest error. Gonzales v. Babco Farm, Inc., 535 So.2d 822, 824 (La.App. 2d Cir.), writ denied, 536 So.2d 1200 (La.1988) (collecting cases).

While Ms. Silas’ accident was un-witnessed, her testimony regarding the accident and how it occurred was not contradicted in any way by Sowela. As noted by the workers’ compensation judge in his [714]*714reasons for judgment, Ms. Silas stated she told her boss and human resources director about the accident. Sowela failed to depose them or call them as witnesses to rebut this claim. Furthermore,J^other than her near absent history to Dr. Collins, her medical records note that she told her other health care providers that she suffered a work injury on or around October 10, 2008, as she claims in this dispute. Finally, Dr. Collins noted that, while she did have osteoarthritis, that it could have been aggravated by an accident as described by Ms. Silas. After reviewing the record before this court, we are unable to find evidence that the workers’ compensation judge’s finding that Ms. Silas suffered a workplace injury is clearly erroneous.

Sowela next claims that the workers’ compensation judge erred in awarding Ms.

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

Related

Bruno v. Harbert Intern. Inc.
593 So. 2d 357 (Supreme Court of Louisiana, 1992)
Gaspard v. St. Paul Fire & Marine Ins. Co.
483 So. 2d 1037 (Louisiana Court of Appeal, 1985)
Dean v. Southmark Const.
879 So. 2d 112 (Supreme Court of Louisiana, 2004)
Alexander v. Pellerin Marble & Granite
630 So. 2d 706 (Supreme Court of Louisiana, 1994)
Holiday v. Borden Chemical
508 So. 2d 1381 (Supreme Court of Louisiana, 1987)
Bennett v. Pilgrim's Pride
972 So. 2d 423 (Louisiana Court of Appeal, 2007)
Robinson v. North American Salt Co.
865 So. 2d 98 (Louisiana Court of Appeal, 2003)
Monceaux v. R & R CONST., INC.
919 So. 2d 795 (Louisiana Court of Appeal, 2005)
Butterfield v. Turner Industries
951 So. 2d 476 (Louisiana Court of Appeal, 2007)
Brown v. Texas-LA Cartage, Inc.
721 So. 2d 885 (Supreme Court of Louisiana, 1998)
Banks v. Indus. Roofing & Sheet Metal
696 So. 2d 551 (Supreme Court of Louisiana, 1997)
Daigle v. Sherwin-Williams Co.
545 So. 2d 1005 (Supreme Court of Louisiana, 1989)
Seal v. Gaylord Container Corp.
704 So. 2d 1161 (Supreme Court of Louisiana, 1997)
Brown v. Coastal Const. & Engineering, Inc.
704 So. 2d 8 (Louisiana Court of Appeal, 1997)
Nelson v. Roadway Exp., Inc.
588 So. 2d 350 (Supreme Court of Louisiana, 1991)
Gonzales v. Babco Farm, Inc.
535 So. 2d 822 (Louisiana Court of Appeal, 1988)
Winkler v. Wadleigh Offshore, Inc.
817 So. 2d 313 (Louisiana Court of Appeal, 2002)
Wright v. Skate Country, Inc.
734 So. 2d 874 (Louisiana Court of Appeal, 1999)
Guillory v. Bofinger's Tree Service
950 So. 2d 682 (Louisiana Court of Appeal, 2006)
West v. Bayou Vista Manor, Inc.
371 So. 2d 1146 (Supreme Court of Louisiana, 1979)

Cite This Page — Counsel Stack

Bluebook (online)
84 So. 3d 710, 11 La.App. 3 Cir. 1022, 2012 WL 280683, 2012 La. App. LEXIS 128, Counsel Stack Legal Research, https://law.counselstack.com/opinion/silas-v-sowela-technical-college-lactapp-2012.