Lowe v. Skyjacker Suspensions
| Decision Date | 03 March 2010 |
| Docket Number | No. 45,058-WCA.,45 |
| Citation | 32 So.3d 340 |
| Parties | Teresa D. LOWE, Plaintiff-Appellant v. SKYJACKER SUSPENSIONS, Defendant-Appellee. |
| Court | Court of Appeal of Louisiana — District of US |
C. Bryan Racer, P.L.C., Monroe, for Appellant.
Snellings, Breard, Sartor, Inabnett & Trascher, L.L.P., by Donald J. Anzelmo, Monroe, for Appellees, Skyjacker Suspensions and LUBA Casualty Insurance Company.
Before WILLIAMS, PEATROSS & MOORE, JJ.
The workers' compensation judge ("WCJ") granted the employer's motion for involuntary dismissal at the close of claimant's case, dismissing the case with prejudice. The WCJ found that the claimant had failed to meet her burden of proving that a work-related accident had occurred. The claimant now appeals. For the reasons stated herein, we affirm.
The claimant, Teresa D. Lowe, was employed as an order checker in the shipping department of Skyjacker Suspensions ("Skyjacker"). Ms. Lowe's duties included checking pallets of parts used in lift kits for four-wheel drive vehicles to ensure that the proper parts were on the pallets for shipment of orders placed with Skyjacker. According to Ms. Lowe, she regularly had to remove parts from the pallets and replace them with the correct parts. She testified that the parts varied in weight and size, some possibly weighing as much as 60 pounds. Ms. Lowe testified that, in late March or early April 2008, while she was carrying four boxes full of shocks, she "felt something pull in her back." She did not report the incident, nor did she seek medical attention. Ms. Lowe continued with her regular duties and did not miss any work due to the alleged injury.
Ms. Lowe further alleges, and testified, that a second "accident" occurred as she was attempting to remove boxes from a pallet and the boxes broke, causing her to fall backward. She testified that a coworker, Marty, whose last name is unknown and whom Ms. Lowe believed to be in a supervisory role, helped her up after the fall. Ms. Lowe claims that she sustained a lower back injury in the fall. As with the first alleged incident, Ms. Lowe did not report the accident and completed her shift on that day and continued her employment thereafter. In her testimony, Ms. Lowe admitted that her supervisor was actually not Marty, but was Carey Davis, although Ms. Lowe maintained that she believed that she could also "report to" Marty.
On April 22, Ms. Lowe sought treatment for back pain from her regular physician, Dr. Warren Daniel. All charges were billed to and paid by Vantage Health Plan, Inc., Ms. Lowe's health insurer. Dr. Daniel's notes from the initial visit indicate that Ms. Lowe was experiencing back pain radiating down into her right leg, with an onset of two weeks. There is no notation regarding any injury or what may have precipitated the back pain. Dr. Daniel prescribed medication for Ms. Lowe, x-rayed her spine and prescribed stretching and soaking. Dr. Daniel's records indicate that Ms. Lowe presented the following day, April 23, with continued complaints of back pain, still radiating down her leg. The notations for that day include the following: "* lifts heavy objects @ work-works in shipping @ Skyjacker." At this visit, Dr. Daniel ordered an MRI and referred Ms. Lowe to Dr. Myron Bailey. An appointment for Ms. Lowe was scheduled with Dr. Bailey.
Ms. Lowe first saw Dr. Bailey on April 30. On the patient history questionnaire, Ms. Lowe described her discomfort as "lower back down to right leg." In the space provided for the "date of injury or when symptoms began," Ms. Lowe wrote "around 2-3 months ago." She provided no further explanation in the space provided for "Explain your problem" on the questionnaire. There is no mention of any injury or potential cause of Ms. Lowe's back pain in any of the records of Dr. Bailey. In fact, Ms. Lowe admitted in her testimony that she did not tell either Dr. Bailey or Dr. Daniel about any accident that occurred during her employment that may have caused injury to her back. Dr. Bailey treated Ms. Lowe and eventually performed surgery on her back.
On July 16, 2008, Ms. Lowe filed a Disputed Claim for Compensation against Skyjacker seeking benefits, plus penalties and attorney fees for late/failure to pay benefits. On the claim form, Ms. Lowe described her injury as follows:
While checking shocks, I discovered the wrong kits had been packed for an order. I removed the wrong kits and carried them to the shop to exchange for the correct merchandise. At the time, I felt a sharp pain in my lower back. Initially, I thought I had a pulled muscle, but that was not the case. Additionally, while arranging a pallet for shipping, I tripped and fell further injuring my back.
Skyjacker disputed the claim, answering, inter alia, that no work-related accident had occurred.
The matter proceeded to trial and Ms. Lowe was the sole witness called on her behalf. In her testimony, Ms. Lowe recounted the alleged accidents as follows:
Ms. Lowe then testified that Marty helped her up, but that she did not report the incident to anyone and continued working. She then testified about her treatment with Drs. Daniel and Bailey and agreed that she had not advised either doctor that she had been injured at work. The records of both doctors were admitted into evidence and, as previously noted, there is only one reference in the records of Dr. Daniel to the effect that she "lifts" heavy objects at work. In addition, we note that the only potential witness to either alleged accident was Marty, who was not called to testify at trial.
As previously stated, Skyjacker moved for an involuntary dismissal based on the failure of Ms. Lowe to prove that a work-related accident had occurred. After further questioning and deliberation, the WCJ granted the motion.
A motion for involuntary dismissal at the close of claimant's evidence is permissible after a bench trial when, based upon the facts and law, the claimant has failed to show a right to relief. La. C.C.P. art. 1672. A motion for involuntary dismissal requires the trial court to evaluate all of the evidence presented by the claimant and render a decision based upon the preponderance of the evidence. Gray v. City of Monroe, 41,087 (La.App.2d Cir.5/17/06), 930 So.2d 1148, citing King of Hearts, Inc. v. Wal-Mart Stores, Inc., 27,137 (La.App.2d Cir.8/23/95), 660 So.2d 524. An appellate court should not reverse an involuntary dismissal in the absence of manifest error; and, there is no manifest error if there is a reasonable factual basis for the finding of the trial court. Gray, supra, citing Silva v. Calk, 30,085 (La. App.2d Cir.12/10/97), 708 So.2d 418.
It is a well-settled legal principle that the factual findings in workers' compensation cases are entitled to great weight. Reasonable evaluations of credibility and inferences of fact will not be disturbed even though the appellate court may feel that its own evaluations and inferences are as reasonable. The trier of fact's factual determinations shall not be disturbed in the absence of a showing of manifest error. When the trier of fact's findings are reasonable in light of the entire record, an appellate court may not reverse a choice between two permissible views of the evidence. The appellate standard of review applicable to the findings of a WCJ is, therefore, the manifest error-clearly wrong test. Shelton v. Wall, 614 So.2d 828 (La.App. 2d Cir.1993).
In order to recover workers' compensation benefits, an employee must prove that he suffered "personal injury by accident arising out of and in the course of his employment." La. R.S. 23:1031(A). La. R.S. 23:1021 provides the following definitions:
The claimant in a workers' compensation action has the burden of establishing a work-related accident by a preponderance of the evidence. Daniel v. House of Raeford Farms of LA, 44,753 (La.App.2d Cir.9/23/09), 23 So.3d 374, writ...
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