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Guidry v. International Maintenance Co.12/8/2004
at he may not have reported a work-related eye injury, even though he returned to the job site on two occasions after it allegedly occurred. His co-workers testified that they were performing a different activity from that described by Mr. Guidry in his deposition. They also stated at trial, and in statements dated a week after the alleged accident, that they had no knowledge of Mr. Guidry sustaining an eye injury.
In addition to this lack of corroboration as to the facts surrounding the alleged accident, the medical testimony is inconclusive as to the cause of the corneal ulcer. The WCJ relied on Dr. Hart's opinion that there was only a small possibility that a the accident as described by Mr. Guidry was the originating injury , given the lack of evidence of a foreign body or a "rust ring" and the delay in seeking treatment from such a painful injury. Dr. Nawas expressed a similar opinion, finding it difficult to associate this injury with a foreign body, especially a rust particle. Also at issue is Mr. Guidry's excessive alcohol consumption noted in the medical records of both hospitals, given statements by all three doctors about the effects of alcoholism on the structure of the eye. Finding the WCJ's conclusions well-supported by the record, we hereby affirm the judgment dismissing Mr. Guidry's claim.
Decree
For the above reasons, the judgment of the Office of Workers' Compensation is affirmed. Costs of this appeal are assessed to Plaintiff-Appelle, Russell Guidry.
AFFIRMED.
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