 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Wells v. Dunham Price9/29/2004
AFFIRMED.
Dunham Price, Inc. appeals an award of workers' compensation benefits in favor of Eugene Wells. For the following reasons, we affirm.
Procedural History
This litigation stems from Mr. Wells' allegation that he sustained a work-related accident on September 8, 1999, while driving a cement truck for Dunham Price. Dunham Price initially filed a disputed claim, contending that Mr. Wells did not suffer a work-related accident and/or that any injury or disability was not causally related to his employment. Mr. Wells subsequently filed his own disputed claim, seeking indemnity benefits, medical expenses, penalties, and attorney fees.
Dunham Price then filed a motion for summary judgment, which the workers' compensation judge (WCJ) denied. However, in that judgment, the WCJ also awarded Mr. Wells medical and indemnity benefits. Upon Dunham Price's appeal, we affirmed the denial of summary judgment, but we reversed the award of benefits as premature and remanded for trial on the merits. Dunham Price, Inc. v. Wells, 01-712, 01-713 (La.App. 3 Cir. 10/31/01), 799 So.2d 828. On remand after a trial, WCJ Constance Abraham-Handy ruled against Mr. Wells. On appeal of that judgment, this court, in an unpublished ruling, again remanded, ordering a new trial because the record could not be completed due to the deaths of both the WCJ and the court reporter. Wells v. Dunham Price, Inc., 02-960 (La.App. 3 Cir. 8/20/02). After a second trial, WCJ Sam Lowery awarded Mr. Wells medical and indemnity benefits, but denied his claim for penalties and attorney fees. This is the judgment that is the subject of the present appeal.
Discussion of the Record
At the second trial, Mr. Wells testified that, while driving a cement truck through rough terrain on September 8, 1999, his seat "bottomed out" after he struck something in the road. He described the immediate onset of a sharp, burning pain that shot down his left leg all the way to his foot. He also explained that, because he was in so much pain, he could barely continue driving and that, when he reached his destination, he had to ask another driver, Thomas Hockman, to unload his truck. Mr. Hockman confirmed that the drive had been over rough terrain and that he did unload Mr. Wells' truck for him. Mr. Hockman testified that Mr. Wells did not state that he had been in an accident while driving, but it appeared to Mr. Hockman that Mr. Wells was hurt.
According to Mr. Wells, he reported the incident that day to the dispatcher, David Joshlyn (who was not called to testify), and later to the office manager, Melanie Conner. Mr. Wells remained off work for seven weeks, then he returned to work at light duty through February 26, 2000, when his pain prevented him from working any more. He was diagnosed with a herniated disc and underwent surgery in April of 2000. He returned to work full time for another company on May 5, 2001.
John Ardoin, the truck foreman, testified that other employees informed him that Mr. Wells had left work on September 8, 1999, because his back was hurting. Mr. Ardoin stated that he next saw Mr. Wells about a week later, when Mr. Wells asked him to file a workers' compensation claim. Mr. Ardoin testified that he told Mr. Wells he would not file a claim because more than seventy-two hours had passed since the alleged accident and, further, that Mr. Wells told him he was not injured at work. Mr. Ardoin stated that Mr. Wells had complained of back problems in the past and that he had previously provided Mr. Wells with a support belt.
Ms. Conner, the office manager, testified that Mr. Wells asked her to file a workers' compensation claim sometime betw
Page 1 2 3 4 5 Louisiana Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
By using the system, you agree to TERMS OF SERVICE
|