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Shaw v. Arc of St. Charles11/28/2000
indicated that Mr. Shaw did not report that a laminator had dropped, but claimed he felt neck pain while making a wide turn driving the bus. Janelle Hayes, a claims representative for Louisiana Workers' Compensation Corporation, testified that when she asked Mr. Shaw what happened, he reported that he was making a turn in the bus and he felt pain in his right shoulder and neck. Ms. Hayes testified that Mr. Shaw did mention that he thought his injury first happened when he was moving a laminator, but that he did not feel any pain until he was driving the bus. At trial, Mr. Shaw explained that he initially injured himself while moving the laminator, but that injury was aggravated while driving the bus. We further note that Mr. Shaw did not report any incident to his employer or go to the doctor until January 8, 1998, several weeks after the alleged accident. When he went to the doctor, Mr. Shaw was diagnosed with cervical strain, treated, and released to go back to medium duty work on February 9, 1998, and then to regular duty on March 4, 1998. Mr. Shaw returned to work in February with no complaints of pain, and according to his own testimony was able to do what was expected of him, and was additionally provided with help if he needed it. Mr. Shaw continued to work until the end of April when he was terminated. Based on these facts as well as a thorough review of the record, we find no manifest error the trial court's finding that Mr. Shaw was not injured and/or disabled as a result of a work related accident. Accordingly, we find that the court did not err in dismissing the wor kers' compensation claims of Mr. Shaw.
On appeal, Mr. Shaw additionally asserts the trial court erred in denying him past and future medical benefits, vocational rehabilitation, and indemnity benefits including but not limited to supplemental earnings benefits. Having found no error in the that the trial court's determination that Mr. Shaw was not injured and/or disabled as a result of a work related accident, it necessarily follows that Mr. Shaw was not entitled to any of these other benefits.
Mr. Shaw also contends on appeal that he is entitled to penalties on indemnity benefits not paid and further that he is entitled to attorney fees for defendants' failure to pay indemnity benefits, failure to provide vocational rehabilitation, and failure to allow him a choice of treating physician. We first note that there is no ruling by the trial judge on these issues; however, that is of no consequence. Since we have found that the trial court correctly denied Mr. Shaw these benefits, we find that Mr. Shaw would not be entitled to penalties or attorney fees.
For the reasons set forth herein, we affirm the judgment of the trial judge which dismissed Mr. Shaw's claim for workers' compensation benefits.
AFFIRMED
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