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Haws v. Professional Sewer Rehabilitation2/18/2000
An employer and its insurer appeal an award of compensation benefits, rehabilitation services, penalties, and attorney fees in favor of a former employee. Finding error only in the amounts of the penalty and attorney fees awarded, we amend and otherwise affirm.
BACKGROUND
Claimant, James A. Haws, filed for workers' compensation benefits against his employer Professional Sewer Rehabilitation, Inc. (PSR). He claimed he incurred an on- the-job injury to his left hip and leg while he was loading pipe on Wednesday, March 19, 1997, and further injury on the job on Thursday, March 20, 1997. On Friday, March 21, 1997, he sought medical treatment at Our Lady of the Lake Hospital in Baton Rouge, Louisiana.
Mr. Haws, who had previous surgery to his back in 1990, testified he had worked a full 8.5 hour workday on the previous Saturday for Allen-LeBlanc Professional Sewer, a related company that often shared employees with PSR. He missed work for PSR on Monday, March 17, 1997, and recalled that it was probably because he was with his step-father who dying of cancer. Mr. Haws testified that on March 19, he and his supervisor, Don Mills, were unloading some plastic pipe from a trailer to set up a job for another operator. Upon going back to the truck, he told Mr. Mills he "didn't feel good." Mr. Haws testified he felt he injured his back and leg while unloading the pipe.
At the end of the workday on March 19, Mr. Haws and his son-in-law, Corey Fontenot, who depended on Mr. Haws for transportation, left work together in Mr. Haws' vehicle. This particular day, according to Mr. Fontenot's testimony, Mr. Fontenot drove because Mr. Haws was hurting. Mr. Haws' condition required Mr. Fontenot to drop Mr. Haws at home and take the truck to his own house. He picked up Mr. Haws for work the following morning.
Mr. Fontenot testified that, at work on March 20, everyone noticed Mr. Haws was limping. Mr. Haws testified Mr. Mills even told him he could go home if he wanted. However, Mr. Haws attempted to complete the day's work.
During the day on March 20, Mr. Mills and Mr. Haws went to assist another PSR employee who was having difficulty trying to put a router hose into a sewer line. As they were assisting him, the employee became ill. Mr. Haws remained at the work site as Mr. Mills left with the ill employee. Mr. Haws was unable to complete the task, and he had to call for help. Some of these facts were verified at trial by the employee who became ill and others.
The following morning, March 21, Mr. Haws reported to the hospital emergency room seeking medical treatment for his back injury.
Except for four days in June of 1997 when he tried to return to light duty with PSR, Mr. Haws did not work again prior to the trial of his workers' compensation claim.
In defense of the claim, PSR called Mr. Mills as its chief witness. Mr. Mills' testimony was diametrically opposed to Mr. Haws' version of events. Mr. Mills stated Mr. Haws was limping badly when he reported to work on Tuesday, March 18, 1997. He knew Mr. Haws had worked the full day on the previous Saturday, but he was of the opinion that Mr. Haws had injured his back on Sunday while working on a vehicle at his home. He verified Mr. Haws did not report to work on Monday, March 17, but he did not state a reason for the absence.
The only other live witness for the defense at the trial was John Paul Talkington, who worked with the same PSR crew as Mr. Haws during the week in question. Mr. Talkington said he did not know anything about Mr. Haws injuring himself.
The Office of Workers' Compensation (OWC) judge stated specifically that he found
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