Strother v. Guinn Oilfield Services, L.L.C.

867 So. 2d 113, 3 La.App. 3 Cir. 1310, 2004 La. App. LEXIS 474, 2004 WL 385202
CourtLouisiana Court of Appeal
DecidedMarch 3, 2004
DocketNo. 2003-1310
StatusPublished
Cited by2 cases

This text of 867 So. 2d 113 (Strother v. Guinn Oilfield Services, L.L.C.) 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
Strother v. Guinn Oilfield Services, L.L.C., 867 So. 2d 113, 3 La.App. 3 Cir. 1310, 2004 La. App. LEXIS 474, 2004 WL 385202 (La. Ct. App. 2004).

Opinion

liWOODARD, Judge.

This workers’ compensation appeal arises from an action for disability benefits. The WCJ found that Roy C. Strother sustained a disabling back injury while in the course and scope of his employment with Guinn Oil Field Services, L.L.C. (Guinn Oil). We affirm as amended.

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Roy C. Strother worked as a roustabout, which is a physical job that is very strenuous and requires heavy lifting, for Guinn Oil from September of 2001 to November 21, 2001.

During one of the last few days of his employment, Mr. Strother injured his back on the job site, which is referred to as the Glade Branch or the Hunt Plywood site, while carrying heavy valves, boxes of bolts, and pipe wrenches up three flights of stairs to the top of a twenty-four-foot tank. According to Mr. Strother, a crane would have normally carried these materials to the top of the tank but, on this day, the crane was at another job site.

While making one of his many climbs up to the top of the tank, Mr. Strother remembered feeling “something burning and pinching in [his] ... back and ... left leg.” When asked at trial if he reported his injury to any of his superiors, he stated that he reported it to Douglas Cloud, Jr., his “foreman” and brother-in-law. Mr. Cloud told him to “take it easy” the rest of the day and suggested to him that he might be hurting because he was not yet accustomed to all the heavy lifting required by this type of work considering that he started working for Guinn Oil only a couple months before.

After work, Mr. Strother went home to his wife, Donna Marie Strother, and their three-year-old son. When he arrived, he said:

I could barely get out of my truck [because] I was hurting so bad. I like to never made it home. When I got there ... I sat down on the steps and she helped me pull my ... boots off ... and I ... stripped down to my drawers on the steps. And she helped me get ... into the tub to take a shower.

| sMrs. Strother was asked about her husband’s condition on that night. She responded: ‘Whenever he came in he looked depressed, and my [husband has] always been high strung and always hyper, and he was just depressed and I asked him what was wrong and he said he was ... hurt.”

That same night, Mr. and Mrs. Strother picked up his brother-in-law, Mr. Cloud, on their way to a pharmacy. When they asked for the pharmacist’s opinion on how to relieve a pulled muscle, she recom[116]*116mended that Mr. Strother use “muscle rub and Aleve” and told him to report his injury to his boss if it did not get any better within seven days.

Sometime thereafter, Mr. Cloud allegedly called Jerry Guinn, the owner of Guinn Oil, to find out if the company would be doing some work in Washington, Louisiana. Mr. Cloud knew that if Guinn Oil did not get hired to do this job, he and Mr. Strother might get laid off. During their conversation, Mr. Guinn told him that he had not yet heard anything but he was expecting some news on the Washington job in a few days.

When the Washington job did not come through, Mr. Guinn informed Mr. Cloud that he had no choice but to lay off him and Mr. Strother. Later that day, Mr. Cloud relayed this bad news to his brother-in-law.

On November 26, 2001, Mr. Guinn sent both of them an official layoff notice. They needed this document to apply for food stamps and unemployment benefits. However, Mr. Strother could not get unemployment benefits because his injuries prevented him from going back to work.

The next day, on November 27, 2001, Mr. Strother called Mr. Guinn to inform him that he injured his back on the job. This was the first time that Mr. Guinn learned of his injuries.

Afterwards, Mr. Strother began receiving workers’ compensation benefits from Montlake Casualty Company (Montlake) together with some medical expenses.

On April 11, 2002, Mr. Strother filed suit, alleging that Guinn Oil and Montlake paid him an improper amount in weekly compensation benefits, but he later amended his claim to dispute their refusal to pay him benefits since August 1, 2002 and to dispute their failure to authorize medical treatment.

On April 29, 2003, the WCJ rendered a judgment in Mr. Strother’s favor, awarding him: (1) $321.23 in weekly workers’ compensation benefits that were due Isfrom November 21, 2001, together with legal interest, but this award was made subject to a credit for any benefits previously paid; (2) all reasonable medical benefits, including the surgery his doctor recommended; and (3) $2,000.00 in penalties and $3,000.00 in attorney fees, together with legal interest from the date of judicial demand for the Defendants’ initial underpayment of benefits.

Guinn Oil asserts on appeal that the WCJ erred: (1) by finding that Mr. Strother suffered an injury on the job that qualified as an accident even though he could not identify an actual and identifiable precipitous event; (2) by finding that he proved, by a preponderance of the evidence, that he was injured, considering the evidence presented at trial proving his lack of credibility; (3) by finding that his claim was compensable under our Workers’ Compensation laws; (4) by finding that he was entitled to benefits despite circumstantial and direct evidence that cast serious doubt on his version of his alleged accident and injuries; (5) by not finding that he forfeited his rights to benefits under La.R.S. 23:1208; and (6) by awarding him penalties and attorney fees. Mr. Strother answered Guinn Oil’s appeal, contending that the WCJ should increase the award of penalties and attorney fees.

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Injury

Guinn Oil urges that Mr. Strother did not prove by a preponderance of the evidence that he sustained a work-related accident because in his statements to Montlake’s insurance adjuster and his doctors following his accident he failed to [117]*117identify a particular incident that caused the occurrence of his pain.

To obtain workers’ compensation benefits, an employee must prove by ' a preponderance of the evidence that he suffered a personal injury because of an accident, arising out of and in the course of his employment.1 We are to construe the Workers’ Compensation Act liberally, ‘ but this does not relax the worker’s burden of 14proof.2 This determination is a factual one; thus, we will not disturb the WCJ’s finding unless we deem it to be clearly wrong or manifestly erroneous.3

The Act defines an accident as “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.” 4

Specifically, the WCJ in this case found: “Mr. Strother has proven by a preponderance of the evidence that he suffered an incident on his job during the course of his employment which qualifies as an accident under the Workers’ Compensation Law.” We agree.

When there is a dispute over the specific date and time of a claimant’s accident, without the introduction of any evidence to illustrate the contrary, this lack of specificity will not render his account of the accident insufficient for the purposes of La.R.S. 23:1021(1).5

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867 So. 2d 113, 3 La.App. 3 Cir. 1310, 2004 La. App. LEXIS 474, 2004 WL 385202, Counsel Stack Legal Research, https://law.counselstack.com/opinion/strother-v-guinn-oilfield-services-llc-lactapp-2004.