Williams v. Saint Gobain Containers

893 So. 2d 144, 2005 La. App. LEXIS 299, 2005 WL 156806
CourtLouisiana Court of Appeal
DecidedJanuary 26, 2005
Docket39,313-WCA
StatusPublished
Cited by6 cases

This text of 893 So. 2d 144 (Williams v. Saint Gobain Containers) 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
Williams v. Saint Gobain Containers, 893 So. 2d 144, 2005 La. App. LEXIS 299, 2005 WL 156806 (La. Ct. App. 2005).

Opinion

893 So.2d 144 (2005)

Sylvia WILLIAMS, Plaintiff-Appellant
v.
SAINT GOBAIN CONTAINERS, Defendant-Appellee.

No. 39,313-WCA.

Court of Appeal of Louisiana, Second Circuit.

January 26, 2005.

*146 Street & Street, by C. Daniel Street, Monroe, for Appellant.

Rabalais, Unland & Lorio, by John J. Rabalais, Janice B. Unland, Covington, for Appellee.

Before WILLIAMS, CARAWAY & PEATROSS, JJ.

PEATROSS, J.

This appeal arises from a workers' compensation judgment in favor of Saint Gobain Containers ("Saint Gobain") and against the claimant, Sylvia Williams ("Ms. Williams"). The Workers' Compensation Judge ("WCJ"), in her written reasons, stated that Ms. Williams did not prove a causal connection between her carpal tunnel syndrome ("CTS") and her on-the-job duties. She further opined that the evidence submitted by Saint Gobain indicated that there were other potential explanations for Ms. Williams' condition and dismissed her claim with prejudice. For the reasons set forth herein, we affirm.

FACTS

Ms. Williams was hired around February 4, 2002, by Saint Gobain. Her job specification was a utility worker which encompassed several different duties, including, but not limited to: inspecting, auditing, general cleaning, re-selecting, hand packing and quality control. The jobs were rotated frequently; and, according to Ms. Williams' testimony, she never did one job continuously for more than five days. Prior to being hired by Saint Gobain, Ms. Williams underwent a preemployment physical examination, including tests on her hands, which she completed successfully. Ms. Williams testified that, when she began work at Saint Gobain, she had no numbness, pain or tingling sensations in her hands. She further testified that around late October 2002, she began to experience symptoms of what was eventually diagnosed as CTS.

Ms. Williams continued work at Saint Gobain until January 23, 2003, when the numbness and throbbing in her left hand became such that she could not sleep. Around this time, the numbness and throbbing also began in her right hand. She went to the emergency room at Lincoln General Hospital on January 24, 2003, and presented with numbness in her left hand after days of "re-packing" at Saint Gobain. She was taken off work at the recommendation of the emergency room physician and underwent surgery on both hands in February and April 2003. To date, Ms. Williams has not been released back to work by her physician.

The record indicates that some of Ms. Williams' previous jobs and life experiences may have resulted in pain to her hands and wrists. For example, prior to working at Saint Gobain, Ms. Williams worked in the warehouse for Davison Transport. During her employment with Davison, Ms. Williams performed one job exclusively, re-selecting glass, which was, by her own admission, very repetitive. Ms. Williams performed this job five days a week, eight hours a day, for the eleven-month duration of her employment at Davison.

Ms. Williams was also involved in an automobile accident in July 2002, after which she reported tingling in her hand *147 and was advised to avoid any repetitive movement. The record also indicates that Ms. Williams was suffering from upper extremity problems as early as 1997. The medical report dated December 22, 1997, of Dr. James Finley ("Finley"), plaintiff's treating physician and expert witness, states that Ms. Williams presented to him with pain and swelling in her wrists, a condition that Dr. Finley described as "... some yet to be diagnosed form of arthritic condition." At that time, Dr. Finley recommended that Ms. Williams not do anything other than answer the telephone and indicated that she was not able to work an eight-hour day. He also recommended a rheumatologic makeup, which was never done.

ACTION OF THE TRIAL COURT

This matter was tried on February 19, 2004, and the judgment was issued on April 20, 2004, in favor of Saint Gobain. The WCJ stated that Ms. Williams did not establish a causal connection between her employment duties at Saint Gobain and her CTS. This devolutive appeal followed.

DISCUSSION

STANDARD OF REVIEW

Factual findings in workers' compensation cases are subject to the manifest error rule. Hoy v. Gilbert, 98-1565 (La.3/2/99), 754 So.2d 207. Under the manifest error rule, the reviewing court does not decide whether the factual findings are right or wrong, but, rather, whether they are reasonable. Stobart v. State through Dept. of Transportation & Development, 617 So.2d 880 (La.1993); Graham v. Georgia-Pacific Corp., 26,165 (La.App.2d Cir.9/23/94), 643 So.2d 352. When there is a conflict of testimony, reasonable evaluations of credibility and reasonable inferences of fact should not be disturbed even though the appellate court may feel its own inferences and evaluations are reasonable. Arceneaux v. Domingue, 365 So.2d 1330 (La.1978). In applying the manifest error standard, appellate courts must keep in mind that their initial function is not to decide factual issues de novo; and, where there are two permissible views of the evidence, the fact finder's choice between them cannot be manifestly erroneous or clearly wrong. Rosell v. ESCO, 549 So.2d 840 (La.1989).

Whether the claimant has carried his burden of proof and whether testimony is credible are questions of fact to be determined by the hearing officer, which are subject to the manifest error rule. Harris v. Casino Magic, 38,137 (La.App.2d Cir.1/28/04), 865 So.2d 301, writ denied, 04-0502 (La.4/8/04), 870 So.2d 275. It is the workers' compensation court's function to determine the weight to be accorded medical and lay testimony in a workers' compensation claim for an award of disability benefits, and its factual determination should not be disturbed on appellate review unless it is clearly wrong and the trial court has committed manifest error. Cameron v. Delta Plumbing, 03-0985 (La.App. 4th Cir.3/17/04), 870 So.2d 1067, citing Starkman v. Munholland United Methodist Church, 97-661 (La.App. 5th Cir.1/14/98), 707 So.2d 1277, writ denied by, 98-0400 (La.3/27/98), 716 So.2d 891.

WCJ Error — Ruling that Ms. Williams did not Adequately Prove her Claim

Ms. Williams argues that the WCJ did not give the proper weight to the evidence presented by Dr. Finley at trial. Saint Gobain argues, by way of contrast, that there is no evidence in the record that Dr. Finley's opinion was not given the proper weight of consideration by the WCJ.

*148 La. R.S. 23:1031.1 states, in pertinent part:

A. Every employee who is disabled because of the contraction of an occupational disease as herein defined, or the dependent of an employee whose death is caused by an occupational disease, as herein defined, shall be entitled to the compensation provided in this Chapter the same as if said employee received personal injury by accident arising out of and in the course of his employment.
B. ... Occupational disease shall include injuries due to work-related carpal tunnel syndrome....
D.

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Bluebook (online)
893 So. 2d 144, 2005 La. App. LEXIS 299, 2005 WL 156806, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-saint-gobain-containers-lactapp-2005.