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Braud v. First National Bank of Gonzales6/23/2000
ed performing her regular duties for two months.
In deciding whether an employee in a worker's compensation action has proven her claimed disability, the totality of the evidence, medical and lay, must be considered. City of Baton Rouge v. Noble, 535 So.2d 467, 472 (La. App. 1st Cir. 1988), writ denied, 539 So.2d 632 (La. 1989). Furthermore, because of the possibility of symptoms being feigned in cases concerning mental injuries, courts should exercise extreme care in determining whether an employee proved he or she suffered such an injury , and whether the injury is causally related to the accident. Williams v. Capitol Steel, 93-2154 (La. App. 1st Cir. 10/7/94), 644 So.2d 705, 707.
The workers' compensation judge apparently found that Ms. Braud proved that her post-February 7, 1997 mental condition was the result of the October 21, 1996 robbery, which constituted a sudden, unexpected, and extraordinary stress related to her employment. However, after a thorough review and evaluation of the record, I feel that Ms. Braud failed to prove by clear and convincing evidence, as required by LSA-R.S. 23:1021(7)(b), which is set forth in the majority opinion, that her post-February 7, 1997 mental condition was causally related to the October 21, 1996 robbery. To the contrary, the evidence is not clear and convincing that Ms. Braud's problems stem from the robbery, but the record provides reasonable support for a finding that such condition was caused by her termination, which Ms. Braud has not shown was a sudden, unexpected, and extraordinary stress related to her employment. Therefore, in the absence of clear and convincing proof by Ms. Braud, I believe the workers' compensation judge manifestly erred in finding that Ms. Braud had a mental injury that was compensable under the workers' compensation laws.
For these reasons, I would also reverse and vacate that portion of the workers' compensation judge's judgment which awarded Ms. Braud temporary total disability benefits. Accordingly, I respectfully dissent in part.
KLINE, J. Pro Tempore, Concurs in Part and Dissents in Part.
I concur in the majority's finding that Melissa Braud is entitled to workers' compensation benefits for the aggravation of her pre-existing depression caused by the robbery resulting in her temporary total disability from February 7, 1997, until May, 1997. I also concur in the majority's finding that the award of attorney's fees is not supported by the record or otherwise supported by law.
However, I dissent from the majority's remand of this matter back to the Office of Workers' Compensation to allow Melissa Braud to present evidence regarding her entitlement to Supplemental Earnings Benefits. In my opinion, there was insufficient evidence on this issue and under the totality of the circumstances, I would not allow this matter to be remanded.
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