Smith v. UNR Home Products

607 So. 2d 898, 1992 La. App. LEXIS 3238, 1992 WL 310232
CourtLouisiana Court of Appeal
DecidedOctober 28, 1992
Docket24152-CA
StatusPublished
Cited by6 cases

This text of 607 So. 2d 898 (Smith v. UNR Home Products) 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
Smith v. UNR Home Products, 607 So. 2d 898, 1992 La. App. LEXIS 3238, 1992 WL 310232 (La. Ct. App. 1992).

Opinion

607 So.2d 898 (1992)

Duncan SMITH, Plaintiff-Appellee,
v.
UNR HOME PRODUCTS, et al., Defendant-Appellant.

No. 24152-CA.

Court of Appeal of Louisiana, Second Circuit.

October 28, 1992.
Rehearing Denied November 25, 1992.

Hudson, Potts & Bernstein by W. Lee Perkins, Jr., Monroe, for defendant-appellant.

Bobby Culpepper, Jonesboro, for plaintiff-appellee.

Before SEXTON, LINDSAY and HIGHTOWER, JJ.

*899 LINDSAY, Judge.

The defendant, UNR Home Products (UNR), appeals a judgment by a workers' compensation hearing officer finding that the plaintiff, Duncan Smith, carried his burden of proving that he suffered a work-related accident on October 19, 1990. For the following reasons, we reverse.

FACTS

The defendant, UNR, is a company that manufactures residential stainless steel sinks. The plaintiff was employed as a press operator. His duties include picking up a sink shape from a stack and using a piece of machinery to trim off one side of the sink shape before placing it on a conveyor belt to be passed along to the welders. The sink shapes were stacked on a pallet and were frequently stuck together, requiring the plaintiff to pick up several at a time and strike them against the floor to separate them. The weight of the sinks varies according to size from approximately 3¼ pounds to 7½ pounds.

The plaintiff had been employed by UNR approximately 16 months at the time of the alleged accident. He started out on a different job but was moved to the press operator position only a month or two before the alleged accident. The plaintiff stated that he had trouble with sore muscles from the beginning of working as a press operator, but thought the soreness was attributable to the use of previously unused muscles.

The plaintiff claimed that on Friday, October 19, 1990, shortly before the end of his shift, while lifting some sinks he felt a sharp, sudden pain in his back. He asserted that he stopped working for a few minutes and then continued his work, finishing his shift. The plaintiff did not make an injury or accident report to his supervisor. He stated that he thought perhaps his pain would subside during the weekend and he would be able to return to work on Monday. However, the plaintiff asserted that upon leaving the plant after his shift, he told a co-worker, with whom he rode home, that he had injured his back.

The plaintiff alleged that his symptoms became worse during the course of the weekend. On Monday, October 22, 1990, the plaintiff called in and told his supervisor that his back was hurting and he was going to LSU Medical Center. The plaintiff did not tell the supervisor he had been injured on the job.

According to Monty J. Raley, personnel manager for UNR, the company's first notice that the plaintiff was contending that he had an accident on the job came on October 25, 1990. On that day, the plaintiff called to inquire as to whether he would be compensated for his time missed from work.

UNR investigated the claim and took the position that the plaintiff failed to show that he was injured by an accident on the job. Therefore, UNR refused to pay workers' compensation benefits to the plaintiff. On February 27, 1991, the plaintiff filed a notice of disputed claim for compensation with the Office of Workers' Compensation.

On August 29, 1991, a hearing was held before a hearing officer from the Office of Workers' Compensation. The parties agreed that the trial of the case would be bifurcated and the sole issue tried on August 29 was whether the plaintiff sustained a job related accident. Other issues, including disability, were reserved for trial at a later date.

At the hearing, the plaintiff testified on his own behalf. A deposition given by the plaintiff prior to the hearing was also introduced into evidence. The plaintiff's wife, brother-in-law, sister-in-law and brother also testified that the plaintiff experienced severe back problems after completing his shift at UNR on October 19, 1990.

Roger Smitherman, the plaintiff's supervisor at UNR, and Monty J. Raley, testified that the company was not informed until October 25, 1990, that the plaintiff was contending that he had been injured on the job.

In a memorandum opinion and order, the hearing officer found that the plaintiff sustained a work-related accident on October 19, 1990, within the contemplation of the Workers' Compensation Act.

*900 UNR appealed the hearing officer's decision. On appeal, UNR contends that the plaintiff did not show an identifiable, precipitous event so as to prove a work-related accident. UNR argues that the plaintiff failed to carry his burden of proving, by a preponderance of the evidence, the occurrence of an accident within the definition of LSA-R.S. 23:1021(1). That statute defines an accident as follows:

"Accident" means an unexpected or unforeseen actual, identifiable, precipitous event happening suddenly or violently, with or without human fault, and directly producing at the time objective findings of an injury which is more than simply a gradual deterioration or progressive degeneration.

UNR argues that the only evidence of an accident was the testimony of the plaintiff. UNR contends that although the testimony of the worker alone may be enough to establish an accident, that principle applies only when no other evidence discredits or casts serious doubt on the worker's version of the incident and if the worker's testimony is corroborated by the circumstances following the alleged incident.

UNR argues that in the plaintiff's pretrial deposition, he testified that he suffered a gradual deterioration or degeneration of his back, but at trial, he testified that on October 19, 1990, he felt a sudden, sharp pain in his back. UNR contends that plaintiff's deposition testimony and trial testimony cannot be reconciled and therefore the plaintiff has failed to carry his burden of proof.

On the contrary, the plaintiff argues that he pinpointed the date, time and place of the accident and his testimony was corroborated by his wife, family members, a co-worker and doctors' reports. Based upon these factors, plaintiff contends the judgment should be affirmed.

The plaintiff answered the appeal, arguing that UNR's appeal was frivolous and requesting penalties and attorney fees pursuant to LSA-C.C.P. Art. 2164. The plaintiff contends that the court may award damages for an appeal taken solely for the purpose of delay or where counsel for the appellant does not seriously believe in his legal position.

Based upon our review of the record, we find that the hearing officer was clearly wrong and manifestly erroneous in finding that the plaintiff carried his burden of proving a work-related accident.

BURDEN OF PROOF

As a threshold requirement, a worker in a compensation action must establish "personal injury by accident arising out of and in the course of his employment...." LSA-R.S. 23:1031. The applicable statutory definition of "accident" is "an unexpected or unforeseen actual, identifiable, precipitous event happening suddenly or violently with or without human fault, and directly producing at the time objective findings of an injury which is more than simply a gradual deterioration or progressive degeneration." LSA-R.S. 23:1021(1).

This is a new statutory definition of accident which went into effect January 1, 1990, prior to the date of the alleged occurrence in this case. See Acts 1989, No. 454, § 1. This amendment changed the basic definition of accident found in LSA-R.S.

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Bluebook (online)
607 So. 2d 898, 1992 La. App. LEXIS 3238, 1992 WL 310232, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-unr-home-products-lactapp-1992.