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Lawrence v. United Parcel Service9/12/2003
The claimant, Andrew Lawrence, Jr., appeals a judgment in favor of the defendants, United Parcel Service, Inc. ("UPS") and Liberty Mutual Insurance Company ("Liberty Mutual"). The workers' compensation judge (WCJ) denied claimant's request for permanent total disability benefits. For the following reasons, we affirm.
FACTS
The parties stipulated that in February 1990, the claimant sustained an injury arising in the course of his employment as a package driver for UPS. Claimant injured his lumbar spine when he slipped and fell while delivering packages. After a period of conservative treatment, claimant was sent for therapy at the Liberty Mutual Back Institute in Boston, Massachusetts. In July 1992, claimant underwent back surgery performed by Dr. Thomas Whitecloud at Tulane Hospital. Dr. Whitecloud removed herniated discs at the L4-5 level, fused claimant's spine and attached a steel device to the spinal vertebrae. During a ten-year period from February 12, 1990 through February 22, 2000, Liberty Mutual, as the workers' compensation carrier for UPS, paid claimant 520 weeks of benefits.
In 1991, claimant was treated by Dr. Paul Ware, a psychiatrist, who diagnosed claimant with depression secondary to his back injury and prescribed anti-depressant medication. In 1994, claimant saw George Hearn, Ph.D., a licensed psychologist and vocational consultant, who conducted a vocational evaluation of the claimant. Dr. Hearn administered psychological tests and interviewed claimant regarding his education, work history and complaints of chronic pain and depression related to his injury. Hearn recommended psychotherapy, rehabilitation counseling and work hardening. Hearn re-evaluated claimant in 2001 and opined that he could not perform any job on a consistent basis.
In 1996, the defendants referred the claimant to a rehabilitation counselor, Ron Mayeux, Ph.D., who reported that claimant possessed good verbal skills, but was a difficult client. In July 1998, Dr. Phillip Osborne performed a Functional Capacity Evaluation (FCE) of claimant. Based on the results, Dr. Osborne opined that claimant demonstrated good strength with some endurance problems, and that he was capable of performing almost any job in the sedentary, light or medium categories for a normal eight-hour work day. Following the FCE, Dr. Mayeux submitted several Department of Transportation (DOT) job descriptions to claimant's surgeon, Dr. Whitecloud, for an assessment of claimant's ability to perform the required duties. Dr. Whitecloud approved the jobs of auto salesman, retail business manager and transport driver, if limited to not more than one hour of continuous driving.
In 1999, claimant began seeing Dr. Roland Ponarski, a family practitioner in Rayville, Louisiana. Dr. Ponarski treated claimant for chronic back pain related to his 1990 work injury and for diabetes. Dr. Ponarski prescribed pain relief medication.
In February 2000, the defendants terminated workers' compensation benefits to claimant. Subsequently, claimant filed a claim with the Office of Worker's Compensation (OWC) seeking permanent and total disability benefits. At the OWC hearing, the claimant acknowledged that after his injury , he had occasionally helped out in his wife's cigarette store over a period of eight years, performing such duties as operating the cash register, assisting customers and making bank deposits. Defendants introduced into evidence surveillance videos, which showed claimant performing various physical activities, such as lifting and moving shelves with another person at the store and carrying sheets of tin at his fishing camp.
The WCJ issued reasons for judgment finding that cla
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