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Shaw v. Arc of St. Charles11/28/2000
AFFIRMED
Claimant, David Shaw, appeals the judgment of the trial court dismissing his claim for workers' compensation benefits. For the reasons set forth herein, we affirm.
On December 18, 1997, David Shaw was employed by the St. Charles Association for the Retarded. According to Mr. Shaw, on that day, he was moving a laminator with the assistance of some of the disabled students that he supervised. The students suddenly dropped their end of the laminator, causing Mr. Shaw to be abruptly pulled forward. At trial, Mr. Shaw testified that the incident did not cause any immediately noticeable pain; however, several days later, he could not move his neck. When he returned to work after the Christmas holidays, he told his employer that he was going to the doctor for neck and shoulder pain.
Mr. Shaw first went to see Dr. Schultz on January 8, 1998, who treated him by putting a sling on his right arm and by giving him medication. Mr. Shaw was then referred to Dr. Mark Juneau.
On February 9, 1998, Mr. Shaw visited Dr. Juneau for purposes of evaluating his right shoulder and neck pain. He diagnosed Mr. Shaw with cervical strain and strain to the muscles of the shoulder girdle. The doctor treated him with medication, and released him to return to medium duty work with instructions not to do any overhead lifting or lifting of heavy objects. Mr. Shaw then saw Dr. Juneau on March 4, 1998. At this visit, Mr. Shaw complained of occasional pain in his neck, but reported that he was doing better. Following examination, Dr. Juneau felt that Mr. Shaw's symptoms of cervical strain were resolving. The doctor released him to return to work at regular duty status.
Mr. Shaw, in fact, returned to work in mid-February of 1998. At trial, Mr. Shaw testified that he was able to perform all the duties that his job required of him when he went back to work. He testified that if he was not able to do a particular task, help was provided to him. Mr. Shaw continued to work until April 28, 1998, at which time he was terminated. According to Mrs. Coreil, his supervisor, Mr. Shaw was not terminated because of any physical disability but rather because the agency was restructuring and Mr. Shaw was unwilling to cooperate in that regard. He remained inflexible and was unwilling to move in the new direction that the agency was heading. Following his termination, Mr. Shaw filed for unemployment compensation which he received from May of 1998 until the beginning of November of 1998. On his application for unemployment benefits, Mr. Shaw indicated that he did not suffer from any disability or illness which would render him incapable of working. In fact, during that six month time frame, Mr. Shaw testified that he put in fourteen applications for employment; however, he was unable to find a job because of his injury .
It was not until January of 1999 that Mr. Shaw filed a disputed claim for compensation complaining because his wage benefits had terminated in February of 1998. Claimant also put at issue his disability status and his need for vocational rehabilitation. Additionally, he claimed that he was entitled to penalties and attorney fees for failure to reinstitute benefits.
The matter proceeded to hearing on November 19, 1999. After considering the evidence presented, the workers' compensation judge rendered judgment in favor of the defendants. The judge dismissed the workers' compensation claim of David Shaw, finding that he failed to prove that he was disabled as the result of a work related accident; that claimant was not entitled to past or future medical benefits or rehabilitative treatments; and that claimant was not entitled to indemnity benefits. It is fro
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