White v. RATCLIFF CONST. CO., LLC

999 So. 2d 275, 2008 WL 5159128
CourtLouisiana Court of Appeal
DecidedDecember 10, 2008
Docket2008-0705
StatusPublished
Cited by1 cases

This text of 999 So. 2d 275 (White v. RATCLIFF CONST. CO., LLC) 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
White v. RATCLIFF CONST. CO., LLC, 999 So. 2d 275, 2008 WL 5159128 (La. Ct. App. 2008).

Opinion

999 So.2d 275 (2008)

J.C. WHITE, Jr.
v.
RATCLIFF CONSTRUCTION COMPANY, LLC and the Gray Insurance Company.

No. 2008-0705.

Court of Appeal of Louisiana, Third Circuit.

December 10, 2008.

*276 J.C. White, Jr., Colfax, LA, In Proper Person.

Eric J. Waltner, Allen & Gooch, Lafayette, LA, for Defendants/Appellants, Ratcliff Construction Company, LLC and The Gray Insurance Company.

Court composed of JIMMIE C. PETERS, MARC T. AMY, and JAMES T. GENOVESE, Judges.

PETERS, J.

The defendants, Ratcliff Construction Company and The Gray Insurance Company, appeal the workers' compensation judge's finding that the plaintiff, J.C. White, Jr., proved that he suffered a work-related injury to his left shoulder and that he is entitled to indemnity benefits even though his doctor had released him to work with no restrictions. For the following reasons, we reverse and render judgment in favor of Ratcliff Construction Company and The Gray Insurance Company.

Ratcliff Construction Company (Ratcliff) hired J.C. White, Jr. to work as a carpenter on its construction projects on September 18, 2006. White asserts in this litigation that within two weeks after going to work for Ratcliff, he suffered a work-related injury to his left shoulder while framing in a porch. White did not immediately report his accident and injury to his employer. Instead, he continued to work without physical complaint until fired by his employer on November 3, 2006.

White sought medical attention for his shoulder for the first time on November 6, 2006, when he was examined by Dr. Gordon Webb, a physician at Louisiana Occupational Health Services Clinic in Alexandria, Louisiana. When completing the history questionaire provided by Dr. Webb, White could not remember the date of his injury. Dr. Webb performed a physical examination, found no evidence of an acute injury, and released White to his regular duties.

Two days later, on November 8, 2006, Dr. Bruce Craig, a physician at the Walk-In Medical Clinic in Alexandria, Louisiana, examined White and concluded that he suffered from chronic shoulder and arm pain. Dr. Craig prescribed medication. At a follow-up visit on December 1, 2006, *277 Dr. Craig recommended that White participate in physical therapy and that an MRI be performed.

At the trial of White's claim for workers' compensation benefits, penalties, and attorney's fees, Ratcliff asserted that White did not suffer a work-related injury during his employment with the company. In doing so, Ratcliff pointed out that White had a history of injuries to his shoulder. After considering all of the evidence, the workers' compensation judge (WCJ) concluded that White had sustained a workrelated injury; that he was entitled to weekly indemnity benefits at the rate of $325.00 from November 6, 2006, forward; and that he was entitled to the payment of all past medical treatment and to all reasonable, necessary, and related medical treatment by the physician of his choice. However, the WCJ rejected White's request for penalties and attorney's fees. Thereafter, Ratcliff perfected this appeal, asserting two assignments of error:

1) The workers' compensation judge committed error, either manifest or legal, in holding that White satisfied his burden of establishing a compensable accident;
2) The workers' compensation judge committed error, either manifest or legal, in holding that White was entitled to indemnity benefits during the time period that he was released to full duty work.

Because we find merit in the first assignment of error, we do not consider the second assignment of error.

Assignment of Error Number One

Louisiana Revised Statutes 23:1021(1) defines "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." "[T]he plaintiff-worker in a compensation action has the burden of establishing a work-related accident by a preponderance of the evidence." Bruno v. Harbert Int'l Inc., 593 So.2d 357, 361 (La.1992).

A worker's testimony alone may be sufficient to discharge this burden of proof, provided two elements are satisfied: (1) no other evidence discredits or casts serious doubt upon the worker's version of the incident; and (2) the worker's testimony is corroborated by the circumstances following the alleged incident. West v. Bayou Vista Manor Inc., 371 So.2d 1146 (La.1979); Malone and Johnson, 13 Louisiana Civil Law Treatise, Worker's Compensation, § 253 (2d Ed.1980). Corroboration of the worker's testimony may be provided by testimony of fellow workers, spouses or friends. Malone and Johnson, supra; Nelson [v. Roadway Express, Inc., 588 So.2d 350 (La.1991)]. Corroboration may also be provided by medical evidence. West, supra.
In determining whether the workers has discharged his or her burden of proof, the trial court should accept as true a witness's uncontradicted testimony, although the witness is a party, absent "circumstances casting suspicion on the reliability of this testimony." West, 371 So.2d at 1147; Holiday v. Borden Chemical, 508 So.2d 1381, 1383 (La. 1987).

Id.

The findings of a workers' compensation judge pertaining to the burden of proof and witness credibility are factual in nature and will not be reversed on appeal unless clearly wrong or manifestly erroneous. Id.

*278 The WCJ found that White proved by a preponderance of the evidence that he did in fact suffer a work-related accident. In doing so, the WCJ noted that discrepancies existed in the different witnesses's testimonies as to how the accident occurred, but he found White's version to be partially corroborated by one of the witnesses as well as by Dr. Webb's medical notes. The workers' compensation judge further relied on Bordelon v. Inland Industrial Contractors, 00-1132 (La.App. 3 Cir. 1/31/01), 783 So.2d 413, writ denied, 01-591 (La.4/27/01), 791 So.2d 119, a case in which this court affirmed a finding that the injured worker's delay in reporting a work-related accident and discrepancies in how the accident occurred did not defeat his claim that he suffered a work-related injury.

In this assignment of error, Ratcliff argues that White failed to establish by a preponderance of the evidence that he suffered a work-related injury. Specifically, Ratcliff argues that White failed to present any evidence that corroborated his version of the alleged accident and that what little evidence he did present discredited and cast serious doubts on his version. We agree.

We first note that the evidence concerning the occurrence of the accident itself does not, standing alone, discharge White's burden of proof on that issue. While White did testify concerning how the accident occurred, his was not the only testimony on this issue as the accident was not unwitnessed. One of the two co-workers present at the time of the alleged accident denied that an accident occurred, and the other's testimony is both internally inconsistent and inconsistent with White's version of the accident.

White testified at trial that he injured his left shoulder while carrying a large beam up a ladder with the assistance of a co-worker, Paul Maxwell.

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Bluebook (online)
999 So. 2d 275, 2008 WL 5159128, Counsel Stack Legal Research, https://law.counselstack.com/opinion/white-v-ratcliff-const-co-llc-lactapp-2008.