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Cox v. Supply8/14/2002
The claimant, Cecil Cox ("Cox"), sued his employer, Roofing Supply, Inc. ("Roofing Supply"), for workers' compensation benefits arising from an occupational disease. The WCJ found that one day of symptoms were related to an occupational exposure but denied Cox's claims for temporary total disability benefits and medical benefits past the one day. The WCJ further found that Cox did not violate La. R.S. 23:1208. Both sides appeal. For the following reasons, we affirm.
Facts
In 1994, Cox began working at Roofing Supply. He performed various duties such as truck driving and working in the sheet metal shop. Roofing Supply's records reflect that he began performing some soldering work in August of 1997. Cox testified that he often complained about the working conditions and having a myriad and broad array of illnesses throughout his employment. However, Roofing Supply's owner and Cox's supervisor, Gerald Sayres, referred to him as a "constant complainer," perceiving his complaints as a way of trying to get out of doing work frequently. In November 1998, Cox read some warning labels on a shipment of lead and thereafter related all of his medical illnesses to soldering work.
Cox testified that shortly after arriving to work at Roofing Supply around 9:00 am on January 31, 2000, he was exposed to forklift exhaust fumes. He alleged that due to lack of ventilation in his work space area, he became "sick from the exhaust fumes." After informing Sayres of his malaise, he was sent home.
Instead of seeking immediate medical assistance, he bought some Gatorade and gum, then went to the drivers' license bureau and obtained his commercial driver's license around 10:30 am. Around 1:00 pm, he went for a DOT physical and drug screen, but this had been canceled by Sayres. He then went home and proceeded to drink, by his own estimate, about five beers. It was not until 3:40 pm later that afternoon that he sought medical attention from his general practitioner, Dr. Harrington, who noted that Cox had consumed a significant quantity of alcohol earlier that day. Dr. Harrington ultimately sent for an ambulance to pick up Cox due to his complaints of sharp left-sided chest pain and shortness of breath.
Cox was taken to Willis Knighton Bossier Hospital and seen by various physicians, including a neurologist and toxicologist, Dr. Mary McWilliams. Later that night, he was admitted into the hospital and remained for the following two days. During his hospitalization, he admitted to drinking a six-pack of beer a day.
Cox was discharged on February 2, 2000. Nine months later, in October 2000, he underwent a FCE ordered by Dr. Harrington which concluded that he was able to perform light to medium duty jobs. However, he has never attempted to go back to work since January 31, 2000.
Before and after the alleged exposure, Cox has undergone several other medical exams by a multitude of doctors to whom he complained of toxic exposure at work; none of these medical tests have ever conclusively determined that his symptoms are the result of any work related toxic exposure.
Procedural history
On February 25, 2000, Cox filed a disputed claim for compensation with the OWC. On May 3, 2000, Roofing Supply filed its answer denying all of Cox's claims. By amended answer of September 28, 2000, it alleged that Cox had forfeited his rights to workers' compensation pursuant to La. 23:1208 due to false statements or representations in furtherance of his claim for benefits.
On May 31, 2001, Cox's attorney, Charles Phillips, filed a motion to withdraw from representation. Less than a month later, Lacey Wallace, enrolled as Cox's new cou
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