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Winfield v. Jiffy Lube3/28/2002
Appellant, Lisa Winfield, appeals the decision of the workers' compensation judge dismissing her claim against appellee, Jiffy Lube d/b/a Louisiana Lubricants. For the reasons that follow, we affirm.
FACTS AND PROCEDURAL HISTORY
Appellant, Lisa Winfield, was employed as a manager by appellee, Jiffy Lube d/b/a Louisiana Lubricants ("Jiffy"), the appellee herein. On January 5, 2000, a car that had been serviced was driven out of the service bay area by a Jiffy employee. At that time, Ms. Winfield noticed that oil was running out from the car. Ms. Winfield yelled for the employee to stop the car. She alleges that, at that point, she, along with other Jiffy employees, including Ms. LeJeune, and a couple of male customers, proceeded to push the car back into the service area. As a result of her effort in pushing the car, Ms. Winfield, who suffered from previous back injury , asserts that she injured her left arm, neck, and back.
After the incident, Ms. Winfield stated that she contacted her immediate supervisor, Dan Broussard, who suggested she take a Tylenol tablet. She worked the entire shift that day, from 7:30 a.m. to 10:30 p.m.
The next morning, Ms. Winfield called her supervisor from home to inform him that she was hurting as a result of the incident. He instructed her to go to Med+Aid to be treated. While at Med+Aid, she was treated and also given a routine drug test. Later, she was informed by Med+Aid that her drug test was positive for marijuana. As a result, Ms. Winfield was informed by Mr. Broussard that her employment was terminated. Later, she was informed that she was not terminated but that she would not be returned to her position as manager.
On January 12, 2000, Ms. Winfield filed a claim with the Office of Workers' Compensation ("OWC") against Jiffy. A trial was held on the merits on September 21, 2000. At the trial, Ms. Winfield testified about the facts surrounding the incident and the injuries that resulted. No other witnesses were presented by Ms. Winfield. Jiffy presented the testimony of Ms. LeJeune, an employee with Jiffy at the time of the alleged accident. Ms. LeJeune testified that she attempted to push the car back into the service area, without the aid of Ms. Winfield. Ms. LeJeune stated that Ms. Winfield simply had her hand resting on top of the car and was smoking a cigarette with the other hand. She stated that two customers also helped push the car back into the service bay.
The OWC judge verbally issued a judgment on September 22, 2000, and signed a judgment on October 13, 2000, finding that Ms. Winfield failed to prove that she suffered an accident in the course and scope of her employment. Ms. Winfield appeals this finding.
Ms. Winfield asserts the following assignments of error:
1. The Trial Court committed reversible error in its failure to find that the Claimant sustained a work accident in the course and scope of her employment.
2. The Trial Court committed reversible error in its failure to find that the Claimant, as a result of the work accident, injured her neck, back and arm and denying her medical treatment for those injuries.
3. The Trial Court committed reversible error in its failure to find the Claimant temporarily totally disabled or at least entitled to Supplemental Earnings Benefits.
4. The Trial Court committed reversible error in its failure to find the Employer arbitrary and capricious and/or without reasonable cause thus liable for penalties and attorney's fees.
Jiffy also appeals the findings of the OWC judge. Jiffy asserts the following assignments of error:
1. Whether the [OWC judge
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