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Sidwell v. Horseshoe Entertainment Limited Partnership2/27/2002
sychological trauma . . . ." (Emphasis added).
Clearly, by Sidwell's own admissions, in both her federal and workers' compensation claims, her injury was not precipitated by an accident or an unexpected and unforeseen event that occurred suddenly or violently. Rather, she admits that her injury resulted from a culmination of events, which events allegedly rendered her mentally disabled and unable to work.
In granting Horseshoe's motion for summary judgment, the WCJ relied on the medical opinion of Dr. Seiden. Dr. Seiden opined that:
[Sidwell] is suffering from a major depressive disorder and that the stress of the events that she described as occurring at [Horseshoe] was a contributing factor to that depression. Clearly, however, [Sidwell] has experienced a large number of other significant stressors over the past few years that have contributed to the development of her depression . . . In light of all of these stressors, it is likely, with reasonable medical certainty, that [Sidwell] would have suffered a major depression even if the events that she described as occurring at [Horseshoe] had not occurred." (Emphasis added).
Dr. Seiden's report negates any possibility that Sidwell could recover under La. R.S. 23:1021(7)(b), because he opines that the alleged incidents at Horseshoe were only a "contributing factor" to Sidwell's mental state. Accepting said opinion, Sidwell could not meet the burden of proof imposed by La. R.S. 23:1021(7)(b), because the incidents only contributed to her injury and were not the cause of her injury.
Here, it is evident that Horseshoe, in its motion for summary judgment, showed that there was an absence of factual support for one or more elements essential to Sidwell's claim under La. R.S. 23:1021(7)(b). As the record clearly reflects, Sidwell's claim falls far short of the requisite "clear and convincing" standard set forth by the statute. Therefore, we conclude that summary judgment was properly granted in favor of Horseshoe dismissing Sidwell's claims.
Finally, Horseshoe argues that sexual harassment by a co-employee cannot form the basis for a worker's compensation claim. As admitted by Sidwell, her workers' compensation claim is based on La. R.S. 23:1021(7)(b). Considering our determination that summary judgment was properly granted because Horseshoe proved an absence of factual support for an essential element of Sidwell's claim, this further argument need not be addressed herein.
Conclusion
For the foregoing reasons, the summary judgment granted by the WCJ in favor of Horseshoe is affirmed at Sidwell's cost.
AFFIRMED.
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