Temika Williams Guillory v. St. Michael Pfu, LLC, Dba the Care Center of Dequincy

CourtLouisiana Court of Appeal
DecidedApril 17, 2024
DocketWCA-0023-0675
StatusUnknown

This text of Temika Williams Guillory v. St. Michael Pfu, LLC, Dba the Care Center of Dequincy (Temika Williams Guillory v. St. Michael Pfu, LLC, Dba the Care Center of Dequincy) 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
Temika Williams Guillory v. St. Michael Pfu, LLC, Dba the Care Center of Dequincy, (La. Ct. App. 2024).

Opinion

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT

23-674 c/w 23-675

TEMIKA WILLIAMS GUILLORY

VERSUS

ST. MICHAEL PFU, LLC, D/B/A THE CARE CENTER OF DEQUINCY

**********

APPEAL FROM THE OFFICE OF WORKERS’ COMPENSATION, DISTRICT 03 PARISH OF CALCASIEU, NO. 21-06374 HONORABLE MELISSA ST. MARY, WORKERS’ COMPENSATION JUDGE

LEDRICKA J. THIERRY JUDGE

Court composed of Sharon Darville Wilson, Charles G. Fitzgerald and Ledricka J. Thierry, Judges.

AFFIRMED IN PART; REVERSED IN PART; AND REMANDED. Mark A. Ackal Mark A. Ackal & Associates 110 E. Kaliste Saloom Road Lafayette, LA 70505 (337) 237-5500 COUNSEL FOR DEFENDANT/APPELLANT IN 23-674 and DEFENDANT/APPELLEE IN 23-675: St. Michael PFU, LLC, d/b/a The Care Center of DeQuincy

Marcus M. Zimmerman 949 Ryan Street, Suite 110 Lake Charles, LA 70601 (337) 474-1644 COUNSEL FOR PLAINTIFF/APPELLEE IN 23-674 and PLAINTIFF/APPELLANT IN 23-675: Temika Williams Guillory THIERRY, Judge.

The employer, St. Michael PFU, LLC, d/b/a The Care Center of DeQuincy

(“The Care Center”), appealed the judgment rendered by the Office of Workers’

Compensation (“OWC”) finding that the injured worker, Temika Williams Guillory

(“Guillory”), sustained a work-related injury. Guillory answered the appeal and also

filed a separate appeal. For the reasons that follow, we affirm in part, reverse in part,

and remand for further proceedings.

FACTS AND PROCEDURAL HISTORY

On May 11, 2018, Guillory was allegedly injured while in the course and

scope of her employment as a van driver for The Care Center. Part of her job duties

included pushing residents, including morbidly obese residents, in wheelchairs and

loading and unloading them via a ramp in the back of the van. On the date of the

incident, an obese patient in a bariatric wheelchair allegedly rolled over Guillory’s

right foot. Guillory continued working that day and for several weeks after the injury.

She did not formally report the accident to her employer until August 31, 2018—

over three months from the date of the accident.

The Care Center began paying Guillory workers’ compensation benefits

thereafter. On November 22, 2021, Guillory filed a Disputed Claim for

Compensation against her employer, listing the bona-fide dispute as involving both

her choice of physician and the employer’s failure to reinstate her total temporary

disability benefits or supplemental earnings benefits (“SEBs”) at zero earning

capacity. Guillory also requested penalties and attorney’s fees. The Care Center

answered the dispute and denied that Guillory was disabled. On April 5, 2022, The

Care Center controverted her claim, determining that Guillory’s alleged injury was

not corroborated by the evidence. The trial on the merits was held on May 8, 2023. The parties stipulated that

all indemnity and medical treatment was paid through April 5, 2022, the date when

the employer controverted the claim. In a written judgment, the Worker’s

Compensation Judge (“WCJ”) found that Guillory met her burden of proving a

work-related injury, as “all co-workers corroborated Claimant’s testimony that a

bariatric patient rolled over her foot while Claimant was attempting to remove the

patient from the transportation van.” The WCJ further found that the medical records

corroborated Guillory’s injury.

However, the WCJ also held that Guillory “did not meaningfully participate

in the 4-week modified duty position offered by the Employer on September 2, 2021,

although her treating physician and the Independent Medical Examiner both opined

that she could return to work at sedentary status.” Therefore, the WCJ found that

Guillory was not entitled to indemnity benefits beyond “the time in which she

abandoned that position.”

Both Guillory and The Care Center filed an appeal with this court, seeking

review of the above holdings. The appeal bearing docket number 23-674 was filed

by The Care Center, while the appeal bearing docket number 23-675 was filed by

Guillory. The appeals were subsequently consolidated, and we will address both

appeals in this opinion.

ASSIGNMENTS OF ERROR

As Defendant/Appellant in docket number 23-674, The Care Center alleges

the following assignments of error:

1. The trial court manifestly erred in finding plaintiff proved a work related accident and injury as she failed to meet her burden of proof on this issue; the witness testimony, employment records, and medical evidence did not support or corroborate the claimant’s

2 assertion that she sustained a work related accident and cast serious doubt on her version of the accident.

2. The trial court further erred in awarding claimant reimbursement of litigation expenses of $2,977.10, despite the finding that claimant is entitled to neither indemnity benefits nor medical expenses; the award of litigation expenses constitutes an abuse of discretion.

Guillory, as Plaintiff/Appellee, answers The Care Center’s appeal and prays

that:

1. This Honorable Court uphold the trial court’s Judgment on the counts that a work accident occurred and appellee/claimant is entitled to reimbursement of litigation expenses in the amount of $2,977.10. But, that this Honorable Court reverse the trial Court’s denial of indemnity benefits and the denial of allowing her treatment with Dr. Joseph Acosta (2nd choice of neurologist); and award indemnity benefits with appropriate interest and treatment by Dr. Acosta as prayed for.

2. The amended judgment be affirmed; and

3. Appellant be condemned to pay the legal costs in the trial court and on this appeal.

In the appeal bearing docket number 23-675, Guillory, as Plaintiff/Appellant,

alleges two assignment of errors:

1. The WCJ manifestly erred or was clearly wrong in failing to award indemnity benefits to appellant effectively from the date of termination on April 5, 2022.

2. The WCJ manifestly erred or was clearly wrong in failing to find that appellant was entitled to medical treatment by neurologist Dr. Joseph Acosta.

ANALYSIS

Standard of Review

An appellate court analyzes factual findings in workers’ compensation cases

under the manifest error standard of review. Timberlake v. Christus Health Ctr. LA,

13-166 (La.App. 3 Cir. 10/30/13), 124 So.3d 1201. In applying this standard, “the

3 appellate court must determine not whether the trier of fact was right or wrong, but

whether the factfinder’s conclusion was a reasonable one.” Foster v. Rabalais

Masonry, Inc., 01-1394, p. 2 (La.App. 3 Cir. 3/6/02), 811 So.2d 1160, 1162, writ

denied, 02-1164 (La. 6/14/02), 818 So.2d 784. As we have previously explained:

Where there are two permissible views of the evidence, a factfinder’s choice between them can never be manifestly erroneous or clearly wrong. Thus, “if the [factfinder’s] findings are reasonable in light of the record reviewed in its entirety, the court of appeal may not reverse, even though convinced that had it been sitting as the trier of fact, it would have weighed the evidence differently.” Sistler v. Liberty Mut. Ins. Co., 558 So.2d 1106, 1112 (La.1990).

Foster, 811 So.2d at 1162 (internal citation omitted) (alteration in original); see also

Young v. CB&L, LLC, 20-619 (La.App. 3 Cir. 10/27/21), 329 So.3d 905.

Existence of a Work-Related Injury

The claimant bears the burden of proving a work-related accident by a

preponderance of the evidence. Clover v. Redfish Rentals, Inc., 22-470 (La.App. 3

Cir. 2/8/23), 357 So.3d 522.

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Temika Williams Guillory v. St. Michael Pfu, LLC, Dba the Care Center of Dequincy, Counsel Stack Legal Research, https://law.counselstack.com/opinion/temika-williams-guillory-v-st-michael-pfu-llc-dba-the-care-center-of-lactapp-2024.