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Jackson v. Iberia Parish Government3/20/2002
Saunders, J., dissents and assigns written reasons.
AFFIRMED.
In this workers' compensation case, the claimant, Bradley Jackson, appeals the judgment of the workers'compensation judge denying benefits. For the following reasons, we affirm the judgment rendered below.
FACTS
Bradley Jackson began working for the Iberia Parish Government in 1984. He was employed as an operator, and in July of 1992, he was injured in the course and scope of employment while climbing a tractor grader. He fell and injured his lower back. He was paid medical and disability benefits and transportation expenses for a period of time extending from the time of the accident until December 6, 1993.
Subsequently, in 1994, a hearing was conducted to determine whether benefits should be extended. The workers' compensation judge ruled that Jackson failed to establish that his work-related injury continued to cause him disability after December 6, 1993, and further compensation was denied. Jackson appealed this decision, and we affirmed in Jackson v. Iberia Parish Gov't, 94-1395 (La.App. 3 Cir. 4/5/96), 651 So.2d 992.
On September 17, 1997, Jackson filed a disputed claim with the Office of Workers' Compensation, styled a "Motion to Modify Judgment." Jackson sought additional compensation benefits, alleging that his medical condition had deteriorated. After a trial on the merits, judgment was rendered in favor of Iberia and against Jackson. The judge found Jackson failed to prove by a preponderance of the evidence that he experienced a change in his lower back condition and denied his motion to modify the 1994 judgment. As a result, Jackson filed this appeal.
LAW AND ANALYSIS
Standard of Review
In workers' compensation cases, the factual findings of the workers' compensation judge are subject to the manifest error or clearly wrong standard of appellate review. Seal v. Gaylord Container Corp., 97-0688 (La. 12/02/97), 704 So.2d 1161. When applying this standard, we are not to determine whether the factfinder was right or wrong, but rather, whether the factfinder's conclusion was a reasonable one. Id. Thus, if the judge's findings are reasonable in light of the record reviewed in its entirety, we may not reverse even if we would have weighed the evidence differently. Romero v. Northrop-Grumman, 01-0024 (La.App. 3 Cir. 5/30/01), 787 So.2d 1149. However, if we determine that the trial court committed manifest error in its factual determinations or a reversible error of law, we conduct a de novo review of the record. Rosell v. ESCO, 549 So.2d 840 (La.1989).
Assignment of Error
On appeal, Jackson asserts the following assignment of error: When a myelogram/post CT Scan and EMG/NCV test established that there was worsening of the claimant's condition, clinical correlation confirmed the worsening, and two out of three physicians testified to the worsening of the claimant's condition, the Office of Workers' Compensation Judge erred when holding that the claimant failed to prove that his condition had worsened.
In determining whether there is any merit to this assignment, the pivotal issue is whether there has been a change in Jackson's medical condition making him eligible for further workers' compensation benefits. At trial, Jackson had the burden of proving that his compensation benefits should be reinstated because of a change in his condition in accordance with La.R.S. 23:1310.8(B). That statute provides in pertinent part:
Upon the application of any party in interest, on the ground of a change in conditions, workers' compensation judge may, after a contradictory hearing, revie
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