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Wallace v. Lavergne Transport6/12/2002
The employer argues that the claimant violated the provisions of La.R.S. 12:1208 by cashing workers' compensation checks and engaging in other employment. The workers' compensation judge found in favor of the claimant and reinstated temporary total disability benefits. The employer appeals. For the following reasons, we affirm.
Factual and Procedural Background
The claimant, James Wallace, was injured on May 12, 1998 in a car accident while working as a truck driver for the defendant, Lavergne Trucking. Mr. Wallace explained that the truck that he usually drove was being repaired and that Lavergne Trucking supplied him with an older truck. He further explained that as he was driving and about to make a turn, "some air blew out of the truck and it locked the brakes up, it locked down the transmission and it disabled the power steering. And it jackknifed right there and the jackknife put it in - in the ditch." As a result of the accident, the claimant suffered a back injury . The claimant was subsequently placed on workers' compensation temporary total disability benefits. On January 11, 1999, Dr. Stephen Goldware and Dr. Louis Blanda performed back surgery on the claimant, which included a discectomy and a fusion.
In October of 1999, the claimant began selling fresh shrimp and crabs out of his van on a roadside in Nuba, Louisiana. According to the testimony of Bridgette Wallace, the claimant's wife, she purchased a commercial license in order to be able to buy seafood at wholesale prices in Grand Isle, Louisiana and sell it to family members and friends. The license was issued in the name of "Cajun Seafood." According to the medical records and the claimant's testimony, the claimant expressed a desire to increase his activity level and considered selling seafood as a means of getting out of the house and being productive.
On December 6, 1999, the defendant ceased payment of workers' compensation benefits to the claimant alleging that the claimant engaged in deceptive acts that constituted fraud pursuant to La.R.S. 23:1208. On October 12, 2000, the claimant filed a disputed claim for workers' compensation. On November 8, 2001, the workers' compensation judge found in favor of the claimant and ordered that the benefits be reinstated. The defendant filed this appeal. We affirm the decision of the workers' compensation judge.
Discussion
The defendant appeals, assigning two points of error. First, the defendant argues that the workers' compensation judge "erred in ruling that the deceptive acts and statements of James Wallace did not constitute fraud under the provisions of La.R.S. 23:1208." Next, defendant argues that the workers' compensation judge "erred in holding that Plaintiff's benefits could not be terminated for misrepresentations unless Plaintiff had been provided the fraud warning set forth in form LDOL-WC-1025."
The issues before us appear to contain both questions of law and questions of fact. Accordingly,
t is well-settled legal principle that factual findings in workers' compensation cases are entitled to great weight. Reasonable evaluations of credibility and reasonable inferences of fact will not be disturbed even though the appellate court may feel that its own evaluations and inferences are as reasonable. The trier of fact's factual determinations shall not be disturbed in the absence of a showing of manifest error. When the trier of fact's findings are reasonable in light of the entire record, an appellate court may not reverse a choice between two permissible views of the evidence. Therefore, the appellate standard of review applicable to the findings of a WCJ is the manifest error- clearly wro
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