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Shaw v. Arc of St. Charles11/28/2000
m this judgment that Mr. Shaw now appeals.
Mr. Shaw first contends that the judgment as written is ambiguous. He claims that it is impossible to tell whether the judge believed that there was no work related accident or whether there was a compensable accident but that it did not cause his disability. The plaintiff contends that under either interpretation, the trial judge's findings are manifestly erroneous. He asserts that the evidence clearly proves that there was a work related accident and that the accident caused his disability.
We will first address Mr. Shaw's claim that the judgment is ambiguous. We acknowledge that the trial judge's finding that David Shaw failed to prove that he was disabled as a result of a work related accident could lend itself to more than one interpretation when taken in isolation. However, the judge's subsequent determinations that Mr. Shaw was not entitled to past or future medical benefits, rehabilitative treatments, or indemnity benefits, make it obvious that the judge determined that Mr. Shaw was not injured or disabled as a result of a work- related accident. Therefore, looking at the entire judgment, we reject Mr. Shaw's claim that it is ambiguous.
We will next review the trial judge's credibility determinations. In order to recover workers' compensation benefits, a claimant must show that he received personal injury by accident arising out of and in the course and scope of his employment and that said injury necessitated medical treatment and/or rendered the employee disabled. The claimant has the burden of establishing the occurrence of an accident and the resulting disability by a preponderance of the evidence. Lemoine v. Parish Tire & Wheel, 532 So.2d 911 (La. App. 5 Cir. 1988); Augustus v. St. Mary Parish School Board, 95 2498 (La. App. 1 Cir. 6/28/96), 676 So.2d 1144.
While the court may view the circumstances from the perspective of the worker, the claimant's burden of proof is not relaxed, for he must still establish a work related accident by a preponderance of the evidence. A worker's testimony alone may be sufficient to discharge this burden of proof, provided two elements are satisfied: (1) no other evidence discredits or casts serious doubt upon the worker's version of the accident; and (2) the worker's testimony is corroborated by the circumstances following the alleged incident. Bruno v. Harbert Intern. Inc., 593 So.2d 357 (La. 1992). Corroboration of the worker's testimony may be provided by the testimony of fellow workers, spouses, or friends. Corroboration may also be provided by medical evidence. Maggard v. Boh Bros. Const. Co., 97-1177 (La. App. 5 Cir. 4/15/98), 712 So.2d 247.
The trial court's determinations as to whether the worker's testimony is credible and whether the worker has discharged his or her burden are factual determinations not to be disturbed on review unless clearly wrong or absent a showing of manifest error. Maggard v. Boh Bros. Const. Co., supra.
In the present case, we find no manifest error in the factual determinations made by the trial judge. The evidence adduced at the hearing supports his finding that Mr. Shaw was not injured and/or disabled as a result of a work related accident. We first note the discrepancies regarding the actual accident. Mr. Shaw claimed that he got injured while moving a laminator and that he reported the incident to Victoria Bryant. However, the only incident report contained in our record reflects that on December 18, 1997, while driving to LaPlace, Mr. Shaw felt a pain in his shoulder and neck while making a wide turn while driving his employer's bus. Likewise, at trial, the deposition testimony of Regina Coreil, his supervisor,
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