Zachary Jones v. Darrell's Restaurant

• Court: Louisiana Court of Appeal
• Decided: November 7, 2012
• Docket: WCA-0012-0489
• Status: Unknown

Opinion

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT

12-489

ZACHARY JONES

VERSUS

DARRELL BROUSSARD D/B/A DARRELL’S RESTAURANT

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APPEAL FROM THE OFFICE OF WORKERS’ COMPENSATION - DISTRICT 2 PARISH OF GRANT, NO. 08-01951 JAMES L. BRADDOCK, WORKERS’ COMPENSATION JUDGE

OSWALD A. DECUIR JUDGE

Court composed of Oswald A. Decuir, Billy Howard Ezell, and Phyllis M. Keaty, Judges.

AFFIRMED.

Daniel G. Brenner Patricia K. Penny Bolen, Parker, Brenner, Lee & Engelsman, Ltd. A Professional Law Corporation P. O. Box 11590 Alexandria, LA 71315-1590 (318) 445-8236 COUNSEL FOR PLAINTIFF/APPELLEE: Zachary Jones Mark A. Watson Stafford, Stewart, & Potter P. O. Box 1711 Alexandria, LA 71309 (318) 487-4910 COUNSEL FOR DEFENDANT/APPELLANT: Darrell Broussard d/b/a Darrell’s Restaurant DECUIR, Judge.

In this workers’ compensation case, the employer appeals the ruling of the

workers’ compensation judge, finding that the claimant sustained a work-related

injury and is entitled to medical expenses, compensation benefits, penalties, and

attorney fees.

FACTS

On July 2, 2007, Zachary Jones injured his back while lifting a box of

chicken in the course and scope of his employment with Darrell Broussard d/b/a

Darrell’s Restaurant. The accident was not witnessed by any other employee.

Jones was a minor at the time and did not immediately report the accident. Jones

reported the accident by phone to another employee on July 5, 2007, and in person

to Cindy Ambrose on July 9, 2007. Broussard was out of town at the time of the

accident and when it was reported.

Jones went to the emergency room and ultimately sought medical care at

various other medical facilities. Dr. Stephen D. Heinrich, a specialist in pediatric

orthopedics, ultimately diagnosed a staph infection in the disc at L-2, L-3. The

condition, known as discitis, required surgery. Jones incurred medical expenses of

$49,248.54.

It was stipulated that Broussard did not have workers’ compensation

insurance. Broussard steadfastly denied benefits until trial. The workers’

compensation judge found a work-related injury had occurred and caused Jones’

condition. He awarded medical expenses and compensation at an increased rate as

statutorily required due to Broussard’s failure to provide workers’ compensation

insurance. In addition, the workers’ compensation judge awarded penalties of

$2,000.00 for Broussard’s failure to adequately investigate the claim and, therefore, unreasonably deny it. The workers’ compensation judge also awarded $5,909.82

in penalties for past due medical expenses and $14,000.00 in attorney fees.

DISCUSSION

Broussard argues on appeal that the workers’ compensation judge erred in

finding a work-related injury that caused Jones’ condition and in awarding

penalties and attorney fees. We disagree.

The workers’ compensation judge provides excellent oral reasons for

judgment including a reference to this court’s opinion in Covington v. Kentucky

Fried Chicken, 09-428 (La.App. 3 Cir. 11/04/09), 23 So.3d 417, writ denied, 09-

2616 (La. 2/12/10), 27 So.3d 848. After careful review of the record, and for the

reasons assigned by the workers’ compensation judge and in the Covington case,

we find no merit to Broussard’s assignments of error.

DECREE

The judgment of the workers’ compensation judge is affirmed. All costs of

these proceedings are taxed to Darrell Broussard.