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Smith v. Riverwood International2/27/2002
Lillian J. Smith ("Smith") appeals the judgment of the Workers' Compensation Judge (the "WCJ") in favor of Riverwood International ("Riverwood") and Travelers Insurance Company ("Travelers") (collectively, "appellees"), which found that Smith had forfeited her rights to receive workers' compensation benefits by making willful misrepresentations regarding a prior injury. We affirm.
Facts
The underlying facts of this case were discussed previously in Smith v. Riverwood Intern., 34,514 (La. App. 2d Cir. 07/11/01), 792 So. 2d 863 ("Smith I"). There, Smith brought an action against Riverwood after it refused to pay her workers' compensation benefits or medical treatment costs following an alleged on-the-job injury. In Smith I, we affirmed the WCJ's award of benefits, penalties and attorney fees to Smith.
However, after the initial ruling of the WCJ (and while Smith I was before this court), Riverwood and Travelers filed their own Disputed Claim for Compensation , alleging that Smith had forfeited her rights to workers' compensation benefits pursuant to La. R.S. 23:1208 due to false statements Smith made at the trial of her claim. On May 3, 2001, the matter again went to trial, this time as to appellees' claim against Smith. Appellees submitted a copy of Smith's testimony from the previous trial, wherein she denied prior problems or treatment for her lower back. Appellees also submitted copies of the medical records of Smith's chiropractor, Dr. Derek Finger ("Dr. Finger"), who treated her for a 1996 back injury resulting from a motor vehicle accident. Also submitted by appellees were Smith's 1998 medical reports wherein she denied any previous back injury. Relying on that evidence and after hearing testimony of Smith, the WCJ determined that Smith indeed had made false statements in the previous trial regarding her earlier medical condition and treatment, that the statements were made for the purpose of obtaining workers' compensation benefits, and that the statements were willful. Thus, the WCJ concluded that pursuant to La. R.S. 23:1208, Smith had forfeited her right to receive workers' compensation benefits and ruled in favor of appellees. This appeal by Smith ensued.
Discussion
The sole issue raised on appeal is whether the WCJ erred in holding that Smith forfeited her right to receive benefits by making willful misrepresentations regarding a prior injury and treatment.
Factual findings in workers' compensation cases are subject to the manifest error/clearly wrong standard of review. Alexander v. Pellerin Marble & Granite, 93-1698 (La. 01/14/94), 630 So. 2d 706; Nolan v. Rawls Farming Co., 35,086 (La. App. 2d Cir.10/31/01), ___ So. 2d ___. In applying this standard, the appellate court must determine not whether the trier of fact was right or wrong, but whether the fact-finder's conclusion was a reasonable one. Stobart v. State, through Dept. of Transp. and Development, 617 So. 2d 880 (La. 1993). If the fact- finder's findings are reasonable in light of the record reviewed in its entirety, the court of appeal may not reverse, even if convinced that had it been sitting as the trier of fact, it would have weighed the evidence differently. Banks v. Industrial Roofing & Sheet Metal Works, Inc., 96-2840 (La. 07/01/97), 696 So. 2d 551. Reasonable evaluations of credibility and inferences of fact should not be disturbed upon review where conflict exists in the testimony. Stobart, supra; Rosson v. Rust Constructors, Inc., 32,789 (La. App. 2d Cir. 03/01/00), 754 So. 2d 324, writ denied, 2000-0914 (La. 05/26/00), 762 So. 2d 1105. Absent a finding of manifest error of fact or law, the judgment should be upheld. Kelley v. Jack Jackson Const. Co.
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