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Springfield v. Wal-Mart #126611/8/2002
er 23, 1997. Springfield failed to prove that she was entitled to receive additional indemnity benefits.
C. Medical and Related Travel Expenses
An employer has a statutory duty to furnish all necessary medical treatment caused by a work related injury . La. R.S. 23:1203(A); Parfait v. Gulf Island Fabrication, Inc., 1997-2104 (La. App. 1st Cir. 1/6/99); 733 So.2d 11, 19. The right to reimbursement for medical expenses is separate and distinct from the right to compensation. Id.
In order to recover medical expenses under La. R.S. 23:1203, the claimant must prove that the expenses are reasonably necessary for treatment of a medical condition caused by the work injury . Patterson v. Long, 96-0191 (La. App. 1st Cir. 11/8/96); 682 So.2d 1327, 1334, writ denied, 962958 (La. 2/7/97), 688 So.2d 499. With respect to Springfield's medical and related travel expenses incurred after December 23, 1997, plaintiff failed to establish that these expenses were related to her alleged 1994 back injury. The medical evidence includes multiple references to Springfield's symptoms being related to degenerative disc or joint disease and otherwise fails to establish that her medical treatment after December 1997 was related to the alleged April 1994 back injury. Thus, Springfield has not established that she is entitled to recover additional medical and travel expenses incurred after December 1997.
D. Vocational Rehabilitation and Penalties and Attorneys' Fees
Springfield did not brief her assignments of error in which she asserts that the OWC erred by failing to award vocational rehabilitation and penalties and attorneys' fees. Thus, we may properly consider these assignments of error as abandoned. Uniform Rules, Courts of Appeal, Rule 2-12.4. Nonetheless, we recognize that pursuant to La. R.S. 23:1226A, an employee is entitled to rehabilitation services if he suffers an injury that precludes his earning wages equal to or in excess of his pre-injury wage. Because we find that Springfield failed to establish that she was unable to earn wages equal to what she earned prior to her alleged 1994 injury, we find Springfield has failed to establish that she is entitled to rehabilitation. Collins v. Family Dollar Stores, Inc., 1999-0622 (La. App. 1st Cir. 5/12/00), 760 So.2d 1210, 1217, writs denied, 2000-2356, 2000-2363 (La. 11/13/00), 773 So.2d 727.
Likewise, since Springfield has not established that she is entitled to recover any workers' compensation or medical benefits, she is not entitled to recover penalties or attorneys' fees. La. R.S. 23:1201.
III. CONCLUSION
Springfield tailed to establish by clear and convincing evidence that she was temporarily totally disabled after December 1997. She also failed to prove that the medical expenses she incurred after this date were related to her alleged 1994 injury . Additionally, she has failed to establish that she is entitled to rehabilitation or penalties and attorneys' fees. For these reasons, the OWC ruling dismissing Springfield's claim is affirmed. The costs of this appeal are assessed to Springfield.
AFFIRMED.
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