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Dupuis v. Picard Steel Erectors9/29/2004
REVERSED.
Edwin Dupuis was an employee of Picard Steel Erectors, Inc., when he allegedly suffered a work-related injury . He received workers' compensation benefits for a year and a half before they were terminated. On termination, he filed a 1008 claim. The Workers' Compensation Judge denied Mr. Dupuis' request based on La.R.S. 23:1208.1
FACTS
In 1982, mR. Dupuis suffered a work-related injury while employed with S&S;Steel. This injury occurred when he fell twenty-four feet off a building. He received workers' compensation benefits for that injury for approximately 16 years. In 1997, he began constructing carports.
In August 2000, Mr. Dupuis and his wife, Tina, went to Picard Steel Erectors, Inc., where Mr. Dupuis applied for a job . Mrs. Dupuis testified that she completed the employment application due to Mr. Dupuis' limited educational background. The following day, Mr. Dupuis reported to work and at some point was given a medical questionnaire to complete. There is some dispute as to what form he was given and who completed the form. However, Mr. Dupuis did state that he signed a form provided to him by Jeff Picard, the owner of Picard Steel Erectors, Inc. The medical questionnaire contained a check mark in the "no" box for every medical condition listed.
In January 2001, a delivery driver of S&S;Steel saw Mr. Dupuis at Picard Steel and asked Troy Thomasee, a supervisor, about Mr. Dupuis' previous injury and his overall health. Mr. Thomasee then told Mr. Picard of the delivery driver's comments. Mr. Dupuis stated that Mr. Picard asked him about the incident and, at that time, he informed Mr. Picard of the prior accident and injury, but indicated that he was currently pain free. It appears that nothing was ever done in reference to the new information. The medical questionnaire was not revised, and Mr. Dupuis remained an employee.
Mr. Dupuis contends that on April 16, 2001, he suffered a back injury while manually pulling a bar joist, weighing 150-200 pounds, from the ground to the second floor. Somehow the rope slipped, causing a jerk in the claimant's back. It is unclear whether the other co-workers knew of the injury immediately thereafter, but Mr. Thomasee, the supervisor, was informed that day or the following day. Mr. Dupuis continued to work the remainder of the day and the rest of the week. On the following Sunday night, Mr. Dupuis telephoned Mr. Thomasee and told him that he thought he needed to see a doctor. On Monday, April 23, 2001, Mr. Picard sent Mr. Dupuis to the emergency room. An accident report was completed by Picard Steel Erectors, Inc., on April 26, 2001, listing the date of injury as April 16, 2001. From April 23, 2001, the claimant saw several doctors for treatment, but was unable to return to work. He received workers' compensation benefits until June 12, 2002, when they were terminated.
PROCEDURAL FACTS
Mr. Dupuis became an employee of Picard Steel Erectors in August of 2000, and allegedly suffered a work-related back injury April 16, 2001. He received workers' compensation until June 12, 2002.
On January 10, 2003, the Louisiana Worker's Compensation Second Injury Board denied Louisiana Worker's Compensation Corporation's (Picard Steel Erectors, Inc.'s worker's compensation insurer) claim for reimbursement from the second injury fund. On February 7, 2003, they appealed the board's decision.
On August 5, 2003, the claimant filed a 1008 requesting back indemnity compensation, weekly indemnity benefits, medical benefits, penalties, attorney fees and costs. The Workers' Compensation Judge denied the claimant's request based on La.R.S. 23:1208.1. Edw
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