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Marler v. New Orleans Area Council3/13/2002
tion the back pain because he sought treatment from Dr. Byram primarily for a knee injury which required surgery. He considered any back pain to be too minor to mention.
In the second instance, claimant failed to disclose an injury received in an automobile accident in September, 1995. It appears this injury was a cervical injury which claimant considered resolved and not significant. While there are inconsistencies in claimant's testimony, there is no indication that they were made to defraud the workers' compensation system.
Given the law and the facts in this case, we do not find the trial court was manifestly erroneous or clearly wrong in finding that, while claimant omitted some facts concerning his prior condition, these misrepresentations were not made willfully for the purpose of obtaining workers' compensation benefits. Accordingly, we affirm the judgment on appeal.
Claimant has filed an answer to the appeal requesting this court to award attorney fees for additional work incurred in defending the appeal. We hereby award the claimant $5,000.00 in attorney fees for work on the appeal, and amend the judgment accordingly.
AMENDED AND AS AMENDED AFFIRMED
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