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Bibbins v. Sonny's Pizza6/21/2002
The claimant appeals a judgment by a workers' compensation judge (WCJ) dismissing her claims for workers' compensation benefits. For the reasons that follow, we affirm the decision of the WCJ.
FACTS AND PROCEDURAL HISTORY
Brenda Bibbins filed this claim for workers' compensation benefits against her employer, Sonny's Pizza, Inc., alleging that she was injured in a fall on July 26, 1999. At the time of the incident, Ms. Bibbins was employed as a cook at the Sonny's Pizza in St. Francisville.
Ms. Bibbins testified that she was injured when she slipped on a freshly waxed floor just as she exited the restroom at work at approximately 11:00 p.m. According to Ms. Bibbins, she fell flat on her back and struck the back of her head on the floor. She further testified that her entire body went numb as a result of the fall, and she was unable to move or call out for help.
Although she acknowledged in her trial testimony that no one had witnessed the fall, Ms. Bibbins testified that others in the restaurant heard the fall and came to her aid. Ms. Bibbins was transported by ambulance to West Feliciana Parish Hospital. She was treated at the hospital and released the same night.
The next morning, Ms. Bibbins sought treatment with her physician, Dr. Cynthia Coe, who prescribed pain medication and physical therapy. After some treatment, Dr. Coe released Ms. Bibbins to return to work. Despite this release, Ms. Bibbins did not return to work, claiming that she was still in too much pain. She then sought treatment with Dr. Stephen J. Flood, an orthopedic surgeon of her choice.
Sonny's Pizza paid temporary total disability benefits of $125.02 per week to Ms. Bibbins. The employer also paid certain medical expenses incurred by Ms. Bibbins as a result of the accident. However, the employer did not agree to pay for certain expenses for medical diagnostic testing recommended by Dr. Flood. Therefore, Ms. Bibbins filed these proceedings before the WCJ seeking the payment of future weekly benefits, medical treatment, diagnostic testing, and vocational rehabilitation services. She also requested an award of statutory penalties and attorney fees based on the employer's allegedly arbitrary and capricious refusal to continue to pay workers' compensation benefits.
This claim went to trial before the WCJ on March 12, 2001. Ms. Bibbins and her mother both testified in the trial, and various exhibits were introduced into the record, including Ms. Bibbin's medical records. Ms. Bibbins alleged that she is now completely disabled from all work, because she continues to have headaches and back pain, as well as numbness in her hands, feet and legs as a result of the accident. She further alleged that she has been unable to work at any job because of these difficulties, although she acknowledges that she has not applied for a job since the accident. She also specifically testified that she had never had any difficulties with her neck and back or problems with numbness before this accident.
At the conclusion of the plaintiff's case, Sonny's Pizza made a motion for involuntary dismissal of the claim based on La. R.S. 23:1208 and Ms. Bibbins' misrepresentation of certain facts. The alleged misrepresentations concerned the assertions by Ms. Bibbins that she had never had problems with her neck and back or numbness in her hands prior to this accident. After a recess, the WCJ returned and granted the motion dismissing the claim. The WCJ specifically found that Ms. Bibbins had made a material misrepresentation for the purpose of obtaining workers' compensation benefits. This appeal by Ms. Bibbins followed.
DISCUSSION
An emplo
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