Weeks v. Buffington Corp.

679 So. 2d 946, 1996 La. App. LEXIS 1638, 1996 WL 474016
CourtLouisiana Court of Appeal
DecidedAugust 21, 1996
Docket28,507-CA
StatusPublished
Cited by5 cases

This text of 679 So. 2d 946 (Weeks v. Buffington Corp.) 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
Weeks v. Buffington Corp., 679 So. 2d 946, 1996 La. App. LEXIS 1638, 1996 WL 474016 (La. Ct. App. 1996).

Opinion

679 So.2d 946 (1996)

Scott WEEKS, Plaintiff-Appellant,
v.
BUFFINGTON CORPORATION, Defendant-Appellee.

No. 28,507-CA.

Court of Appeal of Louisiana, Second Circuit.

August 21, 1996.

*947 A.W. Block, Jr., West Monroe, for Appellant.

Dollar, Laird & Scott by John T. Scott, Monroe, for Appellee.

Before BROWN, GASKINS and CARAWAY, JJ.

GASKINS, Judge.

The plaintiff, Scott Weeks, appeals the decision of a worker's compensation hearing officer, denying his claim for benefits. The plaintiff argues that the hearing officer erred in finding that he failed to prove a causal relationship between a work related back injury and his alleged disability. For the following reasons, we affirm.

FACTS

The plaintiff began working at the defendant company, Buffington Corporation, in September 1993. The company, which sells building materials, employed the plaintiff to do manual labor. He earned $240 per week and worked at the company from September through December 1993. He missed numerous days of work due to illness; 22 of these sick days were taken after November 15. He was compensated for each of these absences. The plaintiff's medical problems included sinus infections, vasectomy infections, a testicular cyst, bladder and urinary infections and prostatitis, as well as the work related back injury at issue here.

*948 On November 15, 1993, the plaintiff asserted that he was injured while working at the defendant company. He claimed that he was assisting another worker in loading a wooden beam from a forklift onto a truck. The plaintiff was standing on the bed of the truck and, as he was pulling the beam toward him, he felt something pop in his lower back.

The next day, November 16, 1993, the plaintiff sought medical treatment for his back injury. The plaintiff was diagnosed with a muscle spasm in his back as well as an infection not related to the back injury. He was released to return to work on November 21, 1993. The plaintiff returned to work on that date but had frequent absences over the next month due to maladies other than his back injury. On December 24, 1993, he reported to work, but was in severe pain in his groin and was unable to continue working that day.

Lamar Buffington, president of Buffington Corporation, told the plaintiff that, in light of his numerous health problems, he should apply for unemployment benefits and return to work when his health permitted. The plaintiff received unemployment compensation benefits from January 2, 1994, until May 7, 1994.

In February 1994, when the plaintiff sought to return to work, the defendant company did not have a position for him. On June 20, 1994, the plaintiff filed a claim for worker's compensation benefits against the defendant. The plaintiff claimed that he had continuously had pain from his back injury and had received treatment for that injury. The plaintiff sought worker's compensation benefits and medical expenses. The plaintiff also sought penalties and attorney fees, claiming that the defendant was arbitrary and capricious in denying his claim for benefits.

Worker's Compensation Hearing

The matter was heard before a worker's compensation hearing officer on June 7, 1995. It was not disputed that the plaintiff suffered a back injury in November 15, 1993, arising out of and in the course of his employment. The contested issues were the nature and extent of the plaintiff's disability, his entitlement to worker's compensation benefits and medical treatment and his entitlement to penalties and attorney fees.

At the hearing, the plaintiff testified that his back injury occurred when he was assisting a co-worker, Fred Hilliard, load a heavy wooden beam onto a load of building supplies. He felt something pop in his lower back while pulling on the beam. The plaintiff stated that he reported the injury to Mr. Hilliard and another employee. The plaintiff completed his work day, but was unable to report to work the next day, due to pain.

On November 16, 1993, the plaintiff notified Lamar Buffington, the president of the defendant company, of his injury. Mr. Buffington instructed the plaintiff to go to Monroe Medical Clinic for treatment, at company expense. The plaintiff saw Dr. James Jeffrey, who diagnosed the plaintiff with a muscle spasm in his back and treated the symptoms with muscle stimulation and heat. An x-ray of the plaintiff's back on that date showed no bone damage and a partial loss of the normal physiological curvature of the lumbar spine, indicative of a muscle spasm. Dr. Jeffrey told the plaintiff to stay home from work for one week and to avoid heavy lifting while recuperating. The plaintiff testified that during this time he also sought treatment in the emergency room of North Monroe Hospital for back pain and for a vasectomy infection. He was told that the infection had to be cleared up before his back injury could be treated.

Fred Hilliard denied that the plaintiff told him he hurt his back while loading the beam on November 15, 1993. Later that day, Mr. Hilliard heard the plaintiff tell another employee that he would not be at work the next day because his back would be hurting. Mr. Hilliard stated that after the plaintiff returned to work on November 21, 1993, he did not complain about his back, but made frequent complaints of pain in his groin.

Lamar Buffington confirmed that the plaintiff notified him on November 16, 1993, that he had injured his back at work the day before. According to Mr. Buffington, that plaintiff was absent from work for four days with his back injury, returning to work on November 21, 1993. He was absent November *949 24-26, 1993, with a urinary infection. When the plaintiff reported to work December 3, 1993, Mr. Buffington sent him to the hospital for treatment of a cyst on his testicle. According to Mr. Buffington, the plaintiff returned to work on December 15, 1993, was absent December 16-17, with an infection, and worked December 20-23, 1993. On the morning of December 24, the plaintiff came to work holding his groin and crying. The plaintiff stated that he could work if he took pills. Mr. Buffington did not want the plaintiff to work in pain and suggested that the plaintiff collect unemployment benefits until he got his health problems resolved. Mr. Buffington offered to rehire the plaintiff when he was able to return to work.

The plaintiff remembered going into Mr. Buffington's office on December 24, 1993, holding his groin area because he was in great pain from an infection where he had a vasectomy several years earlier. However, the plaintiff testified that he worked for Mr. Buffington until early January 1994, rather than corroborating Mr. Buffington's testimony that December 24, 1993, was the plaintiff's last day at work. The plaintiff testified that in January 1994, he went to work and reported to Mr. Buffington that his back was still hurting, at which point he was laid off in order to draw unemployment benefits. In early January 1994, Mr. Buffington loaned the plaintiff $100. The plaintiff received unemployment compensation benefits from January through May 1994. The plaintiff stated he went back to check on his job several times during that period.

The plaintiff was released to return to work in February 1994, after treatment of the vasectomy infection. When the plaintiff gave Mr. Buffington the release to return to work, he was told that a position was no longer available. Mr. Buffington testified that he felt bad about not having a position for the plaintiff and gave him a week's pay. According to Mr. Buffington, the plaintiff did not indicate that he still had a back problem.

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Bluebook (online)
679 So. 2d 946, 1996 La. App. LEXIS 1638, 1996 WL 474016, Counsel Stack Legal Research, https://law.counselstack.com/opinion/weeks-v-buffington-corp-lactapp-1996.