Winborne v. Sanderson Farms

971 So. 2d 342, 2007 WL 2772849
CourtLouisiana Court of Appeal
DecidedSeptember 14, 2007
Docket2006 CA 2272
StatusPublished
Cited by6 cases

This text of 971 So. 2d 342 (Winborne v. Sanderson Farms) 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
Winborne v. Sanderson Farms, 971 So. 2d 342, 2007 WL 2772849 (La. Ct. App. 2007).

Opinion

971 So.2d 342 (2007)

Cleuonia WINBORNE
v.
SANDERSON FARMS.

No. 2006 CA 2272.

Court of Appeal of Louisiana, First Circuit.

September 14, 2007.
Rehearing Denied November 7, 2007.

*343 J. David Smith, Baton Rouge, Counsel for Claimant/Appellant Cleuonia Winborne.

John T. Roethele, Denham Springs, Counsel for Defendant/Appellee Sanderson Farms.

Before: WHIPPLE, GUIDRY, and HUGHES, JJ.

HUGHES, J.

This is an appeal from an action seeking workers' compensation benefits, which were denied. For the reasons that follow, we affirm.

FACTS AND PROCEDURAL HISTORY

On February 9, 2005, claimant, Cleuonia Winborne, filed a "Disputed Claim for Compensation" with the Office of Workers' Compensation (OWC). On that form, Ms. *344 Winborne stated that her "Date of Hire" was "X-____-XX," and that her "Date of Injury/Illness" was "8-10-04."[1] Ms. Winborne asserted that while working as a chicken "deboner" for the defendant, Sanderson Farms, in late July through August of 2004, she began to experience debilitating pain in her arms, forearms, and hands "to the point that she could no longer continue working."

Ms. Winborne was diagnosed with carpal tunnel syndrome in both hands and surgery was recommended; her activities were restricted pending surgery. Ms. Winborne alleged that when she reported back to Sanderson Farms with this information on August 12, 2004, she was fired.

Sanderson Farms asserted that Ms. Winborne's condition first arose when she was working for her previous employer, that the previous employer was responsible for payment of any workers' compensation benefits that were due, and that the claimant failed to overcome the presumption contained in LSA-R.S. 23:1031.1(D).

Following a hearing on July 6, 2006, the OWC judge ruled in favor of defendant and dismissed Ms. Winborne's claim. Ms. Winborne has appealed the ruling to this court, asserting the following assignments of error:

(1) The [OWC] erred by failing to determine if Appellant's employment at Sanderson Farms aggravated a pre-existing occupational disease resulting in manifestation of a disabling condition.
(2) The [OWC] erred by failing to consider whether Sanderson Farms was responsible for workers' compensation benefits if Appellant's employment therewith aggravated a pre-existing occupational disease.
(3) The [OWC] erred in failing to award workers' compensation benefits retroactive to the date of carpal tunnel diagnosis.
(4) The [OWC] erred in failing to award Appellant penalties and attorney fees for the employer/carrier failing to institute workers' compensation benefits after it had knowledge that the claim was compensable.

LAW AND ANALYSIS

The Workers' Compensation Act provides coverage to an employee for personal injury by accident arising out of and in the course of his employment. An employee must prove the chain of causation required by the workers' compensation statutory scheme as adopted by the legislature, and must establish that the accident was employment-related, that the accident caused the injury, and that the injury caused the disability. Clausen v. D.A.G.G. Construction, XXXX-XXXX, p. 2 (La.App. 1 Cir. 2/15/02), 807 So.2d 1199, 1201, writ denied, XXXX-XXXX (La.5/24/02), 816 So.2d 851. Initially, a workers' compensation claimant has the burden of establishing by a preponderance of the evidence that an accident occurred on the job and that he sustained an injury. Once the employee proves the occurrence of a work-related accident, he must next establish proof of a causal connection between the accident and the resulting injury by a preponderance of the evidence. *345 Proof by a preponderance of the evidence is sufficient when the evidence, taken as a whole, shows that the fact sought to be proved is more probable than not. Causation is not necessarily and exclusively a medical conclusion. It is usually the ultimate fact to be found by the workers' compensation judge based on all credible evidence. Id.

As in other cases, in reviewing the OWC judge's factual determinations, including whether the employee has discharged his burden of proof, this court is bound by the manifest error standard of review. Lafleur v. Alec Electric, XXXX-XXXX, p. 4 (La.App. 1 Cir. 12/30/04), 898 So.2d 474, 478, writs denied, XXXX-XXXX, XXXX-XXXX (La.4/8/05), 898 So.2d 1287, 1288; Moran v. G & G Construction, 2003-2447, p. 4 (La.App. 1 Cir. 10/29/04), 897 So.2d 75, 79, writ denied, 2004-2901 (La.2/25/05), 894 So.2d 1148. Under that standard of review, an appellate court may only reverse an OWC judge's factual determinations if it finds from the record that a reasonable factual basis for the finding does not exist, or that examination of the entire record reveals that the finding is clearly erroneous. Stobart v. State, Department of Transportation and Development, 617 So.2d 880, 882 (La.1993). Thus, where two permissible views of the evidence exist, the factfinder's choice between them cannot be manifestly erroneous or clearly wrong. Id. Even though an appellate court may feel its own evaluations and inferences are more reasonable than those of the factfinder, reasonable evaluations of credibility and reasonable inferences of fact should not be disturbed on review where conflict exists in the testimony. Lafleur v. Alec Electric, XXXX-XXXX at p. 4, 898 So.2d at 478.

Prior to the legislative extension of workers' compensation coverage to include occupational diseases, a workers entitlement to compensation hinged on the occurrence of an "accident," which can only be established by the claimant's proof of an "identifiable precipitous event" that caused injury. While enlarging workers' compensation coverage to cases of occupational disease, LSA-R.S. 23:1031.1 retains the requirement that an employee establish that the disease arises from his work, i.e., from "causes and conditions characteristic of and peculiar to the particular trade, occupation, process, or employment in which the employee is exposed to such disease." Thus, the claimant must show that he contracted the disease at issue during the course of his employment and that the disease was the result of the nature of the work performed. The causal link between a claimant's illness and his work-related duties must be established by a reasonable probability; the claimant fails in his burden of proof upon a showing of only a possibility that the employment caused the disease or that other causes not related to the employment are just as likely to have caused the disease. Dunaway v. Lakeview Regional Medical Center, 2002-2313, p. 5 (La.App. 1 Cir. 8/6/03), 859 So.2d 131, 134-5.

In the case sub judice, the OWC judge found that Ms. Winborne had failed to establish her right to workers' compensation benefits because she failed to rebut the statutory presumption applicable to her claim as contained in LSA-R.S. 23:1031.1(D), which provides, in pertinent part:

§ 1031.1. Occupational disease
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 *346 personal injury by accident arising out of and in the course of his employment.
B.

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