Youngblood v. Covenant Security Svc, L.L.C.

112 So. 3d 233, 2011 La.App. 1 Cir. 2382, 2012 WL 6643127, 2012 La. App. LEXIS 1692
CourtLouisiana Court of Appeal
DecidedDecember 21, 2012
DocketNo. 2011 CA 2382
StatusPublished
Cited by5 cases

This text of 112 So. 3d 233 (Youngblood v. Covenant Security Svc, L.L.C.) 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
Youngblood v. Covenant Security Svc, L.L.C., 112 So. 3d 233, 2011 La.App. 1 Cir. 2382, 2012 WL 6643127, 2012 La. App. LEXIS 1692 (La. Ct. App. 2012).

Opinion

McClendon, j.

lain this workers’ compensation case, the defendants appeal a judgment, awarding the plaintiff temporary total disability benefits and medical expenses and assessing the defendants with penalties and attorney fees for their failure to pay medical benefits. For the reasons that follow, we reverse in part and affirm in part.

FACTUAL AND PROCEDURAL BACKGROUND

On January 5, 2007, the plaintiff, Rosalind M. Youngblood, filed a Disputed Claim for Compensation, asserting that on April 30, 2006, while performing rounds as a security guard for Covenant Security Services, LLC (Covenant), she slipped and fell in water on the floor of the hallway of the maintenance building at the Air Products plant in St. Gabriel, Louisiana. Ms. Youngblood alleged that as a-result of the accident she suffered injuries to her back and right knee. Also made a defendant was Covenant’s insurer, Ace American Insurance Company.1

Following a trial in this matter on February 14, 2011, the Office of Workers’ Compensation (OWC) kept the record open for the parties to file post-trial briefs, and on April 21, 2011, the OWC issued reasons for judgment. On May 3, 2011, the OWC signed a judgment, which provided that 1) Ms. Youngblood sustained an accident in the course and scope of her employment with Covenant on April 20, 20062; 2) as a result of the accident, Ms. [236]*236Youngblood sustained injuries to her low back, neck and aggravation to her right knee; 3) Ms. Youngblood was released to full duty work effective May 6, 2006; 4) Ms. Youngblood was terminated for cause by Covenant on August 9, 20063; 5) Ms. Youngblood was not entitled to indemnity benefits after her termination until the | atime of her lumbar spine fusion on December 10, 2009; 6) Covenant is to pay to Ms. Youngblood temporary total disability (TTD) benefits from December 10, 2009, through the date of the reading of the judgment on April 21, 2011, totaling $17,135.14 plus interest at 9.5%; 7) Covenant is to continue to pay Ms. Youngblood TTD benefits in the amount of $241.34 per week, beginning the week of April 25, 2011; 8) Covenant is responsible for all unpaid medical expenses associated with Ms. Youngblood’s work-related injuries; 9) Covenant reasonably controverted Ms. Youngblood’s entitlement to indemnity benefits; 10) Covenant did not reasonably controvert Ms. Youngblood’s entitlement to medical benefits, and therefore it owes Ms. Youngblood a $2,000.00 penalty and $5,000.00 attorney fee for same; and 11) Ms. Youngblood did not commit 1208 fraud.4

The defendants suspensively appealed said judgment, and assigned the following as error:

1.The [OWC] erred in finding the Claimant is entitled to temporary total disability benefits from December 10, 2009 and continuing.
2. The [OWC] erred in finding the Defendants responsible for the Claimant’s medical treatment costs and in assessing a penalty and attorney fee for failure to pay medical benefits.
3. The [OWC] erred in finding that the Claimant did not violate the provisions of LSA-R.S. 23:1208.

DISCUSSION

As a threshold requirement, a workers’ compensation claimant bears the initial burden of establishing by a preponderance of the evidence that an accident occurred on the job and that he sustained an injury. Magee v. Abek, Inc., 04-2554 (LaApp. 1 Cir. 4/28/06), 934 So.2d 800, 806, writ denied, 06-1876 (La.10/27/06), 939 So.2d 1287. A worker’s testimony alone may be sufficient to discharge this burden of proof if no other evidence discredits or casts serious doubt upon the worker’s version of the incident and the worker’s |4testimony is corroborated by the circumstances following the alleged incident. Corroboration of the worker’s testimony may be provided by the testimony of fellow workers, spouses or friends, and by medical evidence. Sevin v. Greenbriar Nursing Home, 00-2794 (La.App. 1 Cir. 2/15/02), 807 So.2d 1179, 1180.

Whether a claimant has carried his or her burden of proof and whether testimony is credible are questions of fact to be determined by the trier of fact. Allman v. Washington Parish Police Jury, 04-0600 (LaApp. 1 Cir. 3/24/05), 907 So.2d 86, 88. Factual findings in a workers’ [237]*237compensation case are subject to the manifest error-clearly wrong standard of review. McCray v. Delta Industries, Inc., 00-1694 (La.App. 1 Cir. 9/28/01), 809 So.2d 265, 269. In applying the manifest error-clearly wrong standard, the appellate court must determine not whether the trier of fact was right or wrong, but whether the fact finder’s conclusion was a reasonable one. Banks v. Industrial Roofing & Sheet Metal Works, Inc., 96-2840 (La.7/1/97), 696 So.2d 551, 556. Thus, if the fact finder’s findings are reasonable in light of the record reviewed in its entirety, the court of appeal may not reverse, even though convinced that had it been sitting as the trier of fact, it would have weighed the evidence differently. Sistler v. Liberty Mut. Ins. Co., 558 So.2d 1106, 1112 (La.1990). Consequently, when there are two permissible views of the evidence, the fact finder’s choice between them cannot be manifestly erroneous. Bolton v. B E & K Const., 01-0486 (La.App. 1 Cir. 6/21/02), 822 So.2d 29, 35.

In their appeal, the defendants initially contend that Ms. Youngblood is not entitled to TTD benefits, maintaining that she failed to meet her burden of proof. The defendants argue that Ms. Youngblood failed to meet her burden of proving that her disability and inability to work was the result of the work-related accident in April 2006.

An employee seeking temporary total disability benefits in accordance with LSA-R.S. 23:1221(1) must prove by clear and convincing evidence that she is unable to engage in any gainful occupation, whether or not the same type of |5work she was engaged in at the time of injury.5 To prove a matter by clear and convincing evidence means to demonstrate that the existence of a disputed fact is highly probable, in other words, much more probable than not. Magee, 934 at 807. In the absence of such evidence, the claimant’s demand for temporary total or permanent total disability benefits fails. Nitcher v. Northshore Regional Medical Center, 11-1761 (La.App. 1 Cir. 5/2/12), 92 So.3d 1001, 1007, writ denied, 12-1230 (La.9/21/12), 98 So.3d 342. Ultimately, the question of disability is a question of fact, which cannot be reversed in the absence of manifest error. Id.

Further, a claimant’s subjective belief that she cannot work does not satisfy the statutory burden of proof. Au-coin v. CNA, 12-0144, p. 4 (La.App. 1 Cir. 9/21/12), 111 So.3d 31. The issue of dis[238]*238ability is a legal rather than a purely medical determination, with reference to the totality of the evidence, including both lay and medical testimony. In order for a claimant to establish that she is disabled such that she is unable to engage in any employment, she must introduce objective medical evidence supporting the existence of a disabling condition. While the workers’ compensation laws are to be construed liberally in favor of the claimant, that interpretation cannot lessen the claimant’s burden. Id; Bonvillain v. Preferred Industries and LWCC, 04-0849 (La.App. 1 Cir. 5/27/05), 917 So.2d 1, 8.

At trial, Ms.

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Cite This Page — Counsel Stack

Bluebook (online)
112 So. 3d 233, 2011 La.App. 1 Cir. 2382, 2012 WL 6643127, 2012 La. App. LEXIS 1692, Counsel Stack Legal Research, https://law.counselstack.com/opinion/youngblood-v-covenant-security-svc-llc-lactapp-2012.