Thomas v. Ramsey's Trailways, Inc.

618 So. 2d 667, 1993 La. App. LEXIS 1821, 1993 WL 142017
CourtLouisiana Court of Appeal
DecidedMay 5, 1993
DocketNo. 24,685-CA
StatusPublished
Cited by3 cases

This text of 618 So. 2d 667 (Thomas v. Ramsey's Trailways, Inc.) 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
Thomas v. Ramsey's Trailways, Inc., 618 So. 2d 667, 1993 La. App. LEXIS 1821, 1993 WL 142017 (La. Ct. App. 1993).

Opinions

STEWART, Judge.

Defendant, Ramsey’s Trailways, Inc., appeals from the decision of the worker’s compensation hearing officer’s finding that [669]*669plaintiff, Lawrence Thomas, Jr., was injured in the course and scope of his employment, and was entitled to benefits, medical expenses, penalties and attorney fees. We amend and, as amended, affirm.

FACTS

In April 1990, Lawrence Thomas, Jr., began his employment with Ramsey’s Trailways, Inc. (Ramsey’s). Thomas’ duties included washing and cleaning the buses inside and out, and sweeping, mopping and shining the chrome. In addition to his cleanup duties, Thomas assisted in painting, carpentry and mechanical work.

On April 24, 1991, Thomas was injured when a bus he was underneath fell on his knee. According to Thomas, Mrs. Ramsey had instructed him to assist Ellis Ramsey, a bus driver. Ellis directed Thomas to hold an axle. Thomas was underneath the bus holding the axle while Ellis was hitting it. Thomas stated that he had been under the bus for approximately 15 to 20 minutes when the bus fell off the blocks and crushed his knee. Thomas also testified that he twisted his knee in an attempt to free himself from the bus.

An ambulance and the police rescue unit were called. Thomas was taken by ambulance to St. Francis Medical Center in Monroe, Louisiana. Thomas’ knee was examined and x-rayed. He was given an ice pack, crutches, and a knee brace prior to his release from the hospital.

On May 9, 1991, Thomas went to see Dr. Charles R. Hand, an orthopedic surgeon, because of continued pain in his right knee. Dr. Hand took an x-ray, performed a physical examination, and concluded that Thomas suffered a tear of the lateral meniscus. Dr. Hand recommended arthroscopic surgery in order to correct the problem. Dr. Hand cancelled the surgery because Ramsey’s refused to pay for the surgery and did not have insurance coverage. Dr. Hand then referred Thomas to Conway Hospital, the local charity hospital.

On May 20, 1991, Thomas filed the instant claim for worker’s compensation against his employer, Ramsey’s. In his petition, Thomas alleges that he was injured when the bus fell on his knee. He also alleges that he reported the accident to Mr. and Mrs. Hilton Ramsey, the owners of Ramsey’s.

At the hearing, Ellis Ramsey testified that he and B.J. Davis, the mechanic, had stopped work on the bus and he was gathering his tools to work on another bus when he heard the bus fall. Ellis denied both hitting the axle with the hammer and instructing Thomas to get under the bus to assist him. Ellis further stated that he had instructed Thomas to clean the inside of the bus and did not know Thomas was under the bus until he heard him screaming. Ramsey stated Thomas did not normally do any mechanical work or help do mechanical work. Ramsey had not known Thomas to ever do anything except clean up the buses.

B.J. Davis, the mechanic, stated that he never asked Thomas to assist him with mechanical work because “[w]ell, I got chewed out one time because I used him and he got the bus dirty.” Davis testified that he left major mechanical work incomplete until Ellis Ramsey was also in the shop to help finish the job. If he ever required assistance when Ramsey was out, Davis got help from an employee across the street. When the accident occurred, Davis placed a jack under the bus to keep it from falling further on Thomas. He stated he tightened the jack up but that it was unnecessary to raise the bus on the jack in order to free Thomas.

Hilton Ramsey, president of Ramsey’s, testified that Thomas had no duties requiring him to be under a bus and that his sole duties were to clean the inside of the bus. Although he acknowledged that Thomas was the low man on the totem pole at Ramsey’s, he stated that he would not expect Thomas to do what other people asked him to do.

Dr. Charles R. Hand, a board certified orthopedic surgeon, testified that he saw Thomas on May 9, 1991, for complaints of knee pain, swelling, difficulty in walking and stiffness when sitting. Thomas reported to the doctor that he had been struck in [670]*670the knee with an axle and that he had twisted his knee. Thomas had no history of past knee problems, nor had he returned to work since the April 24 accident. Dr. Hand found mild to moderate swelling in the joint. The tibial grind test was positive for lateral compartment pain which suggested a tear of the cartilage. Dr. Hand reviewed the x-rays from St. Francis which were normal.

Dr. Hand recommended arthroscopic surgery which would enable him to examine the inside of the joint and make any repairs to injuries he located. He acknowledged that diagnosis from an external examination is rather poor. Dr. Hand testified that the most effective way of diagnosing internal joint injuries is through arthroscopic surgery.

Dr. Hand said that some torn cartilage tended to get better on its own while other cartilage tears had a tendency to get worse if not treated. Dr. Hand stated that such an injury probably would interfere with Thomas’ ability to work, at least initially, until it had a chance to settle down. Dr. Hand reviewed the medical records from Thomas’ emergency room visit and noted that he was instructed to wear the knee brace seven (or nine) days plus use crutches and to elevate the leg.

After examining the testimony and evidence, the hearing officer found that Thomas was injured in the course and scope of his employment and that this injury prevented him from performing his job duties from the date of the accident on April 24, 1991 until he is able to return to gainful employment. The hearing officer awarded Thomas benefits in the amount of $180 per week, plus penalties and attorney fees of $750 for the failure and refusal by the defendant to pay weekly benefits and to provide medical treatment for Thomas. This appeal ensued.

LAW

It is a well-settled legal principle that the factual findings in worker’s compensation cases are entitled to great weight. Reasonable evaluations of credibility and reasonable inferences of fact will not be disturbed even though the appellate court may feel that its own evaluations and inferences are as reasonable. The trier of fact’s factual determinations shall not be disturbed in the absence of a showing of manifest error. When the trier of fact’s findings are reasonable in light of the entire record, an appellate court may not reverse a choice between two permissible views of the evidence. Manson v. City of Shreveport, 577 So.2d 1167 (La.App.2d Cir.1991), writ denied, 580 So.2d 928 (La.1991); Harris v. General Motors, 577 So.2d 1160 (La.App.2d Cir.1991); Brown v. Manville Forest Products Corporation, 565 So.2d 496 (La.App.2d Cir.1990), writ denied, 567 So.2d 1127 (La.1990). The appellate standard of review applicable to worker’s compensation hearing officers’ findings and judgments is the manifest error-clearly wrong test. Key v. Insurance Company of North America, 605 So.2d 675 (La. App.2d Cir.1992).

ARISING OUT OF AND IN THE COURSE AND SCOPE OF EMPLOYMENT

On appeal, Ramsey’s contends that Thomas failed to show that his employment required him to be under the bus therefore, the accident did not arise out of the course and scope of employment and he is not entitled to worker’s compensation benefits. We disagree.

This court addressed a similar issue in Duncan v. South Central Bell Telephone,

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Related

Spencer v. Gaylord Container Corp.
693 So. 2d 818 (Louisiana Court of Appeal, 1997)
Johnson v. Vinson Guard Service, Inc.
636 So. 2d 914 (Louisiana Court of Appeal, 1994)
Thomas v. Ramsey's Trailways, Inc.
626 So. 2d 1174 (Supreme Court of Louisiana, 1993)

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Bluebook (online)
618 So. 2d 667, 1993 La. App. LEXIS 1821, 1993 WL 142017, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thomas-v-ramseys-trailways-inc-lactapp-1993.