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Callahan v. Wayne Matthews Construction2/15/2002
Claimant, John Callahan, III (Callahan), appeals an adverse decision by the Office of Workers' Compensation, wherein his disability claim was denied. Wayne Matthews Construction answered the appeal, asserting as error the trial court's failure to order the claimant to pay restitution to the defendant. Following a review of the eviden ce and relevant law, this court affirms the denial of disability as well as the workers' compensation court's denial of restitution.
In reasons for judgment, the court initially noted that the August 15, 1995 accident which caused the disability constituted an injury covered by the Louisiana Workers' Compensation Statute. While working, Callahan had fallen sixteen feet from a plank to the ground. He had sustained a right ankle displaced tibial pylon fracture and a left ankle calcaneus fracture. Several surgeries and extensive physical therapy were required. Callahan was left with a permanent limp. Following his accident, Callahan received workers' compensation benefits for his injuries to his legs and feet. On October 29, 1996, his treating physician, Dr. Gerard Murtagh, noted that the patient had achieved maximum medical improvement. In January 1997, following a functional capacity evaluation, Dr. Murtagh recommended that Callahan "pursue a less demanding career. One that had rest periods and that would not require prolonged standing, walking or any vigorous activities."
Callahan's benefits were terminated as of January 28, 1997. Wayne Lee Matthews, Callahan's employer, testified that he attempted to meet with Callahan to discuss available light duty work in January and February 1997; however, Callahan did not appear at either of the scheduled appointments on either of the two occasions.
Callahan claims that benefits were wrongfully terminated because he could not perform the work described by his employer. He maintains that he never received a letter from Wayne Matthews Construction advising him that light duty employment was available. Callahan also asserts that alleged back injuries were casually connected to the fall.
The workers' compensation court found that Callahan had lied in both his deposition and at trial and that he had made false statements for the purpose of obtaining ongoing workers' compensation benefits. The subject matter of those lies consisted of statements that: he had suffered low back injury shortly after the fall; he had never been gainfully employed following the accident, except for very occasional odd jobs; and he had never experienced mental health problems before the accident.
The court stated that Callahan not only misrepresented his physical conditions to his two treating physicians, he lied about his post-accident employment with Bridge's Truck Stop.
In the instant case, the factual discrepancies by Callahan are complicated by the existence of an unstable mental health condition that manifested several years following the fall in 1998 and 1999. The record substantiates that Callahan engaged in "bizarre" behavior that was diagnosed as a psychotic disorder. He was hospitalized in a mental health facility on occasions, and he took anti-psychotic medication. It is argued on behalf of Callahan that this psychological imbalance offsets inconsistent and false statements that were made by the claimant.
The workers' compensation court did not address Callahan's emotional problems in its reasons for judgment. This court finds that Callahan's obviously unstable, and at times incoherent, state of mind excuses him from the requisite knowledge and willfulness of falsity that must be demonstrated pursuant to La. R.S. 23:1208 A. In this regard, it is noted that the general ru
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