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Welcome v. Martin De Porres Nursing Home9/29/2004
AFFIRMED.
The plaintiff, Pamela Welcome, appeals the workers' compensation judge's finding that she failed to prove that her wrist and back conditions were work-related. For the following reasons, we affirm.
FACTS
Welcome was employed as a certified nurse's aide by Martin dePorres Nursing Home on three separate occasions, the latest being January 2001 through September 2002. On September 12, 2002, the Nursing Home fired her for burning up a van's engine. Thereafter, on April 29, 2003, Welcome filed a disputed claim for compensation against the Nursing Home seeking medical treatment, compensation benefits, penalties, and attorney's fees for her bilateral carpal tunnel syndrome and lower back pain. She alleged that these conditions arose as a result of her work-related duties, which included lifting patients. Welcome underwent a carpal tunnel release on her right hand on January 10, 2003, with the same procedure recommended for her left hand. She also sought treatment for her lower back pain from Dr. David Duhon, a chiropractor. An August 15, 2003 MRI revealed a broad-based central, left paracentral disc protrusion or herniation at the L5-S1 disc level.
This matter proceeded to a trial on the merits on May 6, 2003. On February 6, 2004, the workers' compensation judge issued oral reasons finding that Welcome failed to prove that either of her conditions was work-related. A judgment was rendered in this matter dismissing her claims against the Nursing Home with prejudice. This appeal by Welcome followed.
ISSUES
On appeal, Welcome raises three assignments of error. She argues that the workers' compensation judge erred in finding that she failed to prove that her carpal tunnel injury was an occupational disease, that she failed to prove a work-related injury to her lower back, and that she was not entitled to medical treatment and compensation benefits.
OCCUPATIONAL DISEASE
Welcome first argues that the workers' compensation judge erred in holding that she failed to prove her bilateral carpal tunnel syndrome qualified as an occupational disease.
Louisiana Revised Statute 23:1031.1 provides in part:
A. Every employee who is disabled because of the contraction of an occupational disease as herein defined . . . shall be entitled to the compensation provided in this Chapter the same as if said employee received personal injury by accident arising out of and in the course of his employment.
B. An occupational disease means only that disease or illness which is due to causes and conditions characteristic of and peculiar to the particular trade, occupation, process, or employment in which the employee is exposed to such disease. Occupational disease shall include injuries due to work-related carpal tunnel syndrome. . . .
In order to recover medical and compensation benefits as the result of an occupational disease, Welcome must prove that she developed carpal tunnel syndrome due to the nature of her duties as a nurse's aide. Dunaway v. Lakeview Reg'l Med. Ctr, 02-2313 (La.App. 1 Cir. 8/6/03), 859 So.2d 131. The plaintiff's burden in this instance is to prove a connection between her condition and her work-related duties by a reasonable probability. Id. Proof of only a possible relationship between the two does not satisfy this burden. Id. The determination of whether a plaintiff has carried her burden of proof is a finding of fact; thus, the workers' compensation judge's finding is reviewed pursuant to the manifest error standard of review. Banks v. Indust. Roofing & Sheet Metal Works, Inc., 96-2840 (La. 7/1/97), 696 So.2d 551.
Welcome testifie
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