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Callahan v. Wayne Matthews Construction2/15/2002
le calls for a liberal construction of workers' compensation laws in favor of the claimant. Sumrall v. Luhr Brothers, 95-0779, p. 7 (La. App. 1 Cir. 12/5/95), 665 So.2d 796, 800, writ denied , 96-0187 (La. 3/15/96), 669 So.2d 425.
Nonetheless, the decision of the workers' compensation court to deny Callahan's claim for workers' compensation was not manifestly erroneous. Callahan failed to demonstrate sufficient medical evidence to show a reasonable possibility of a causal connection between the work-related accident and the manifestation of his back complaints several years later. See LeBlanc v. Cajun Painting, Inc., 94-1609, p. 10 (La. App. 1 Cir. 4/7/95), 654 So.2d 800, 807, writs denied , 95-1706, 95-1655 (La. 10/27/95), 661 So.2d 1350. There exists no medical documentation to support Callahan's assertion that he had notified his physician of any back pain prior to the filing of the instant claim on September 18, 1998. Nor has a sufficient link between the ankle and leg injuries to the back problems been otherwise established.
In a January 20, 1997 report, Dr. Murtagh recommended that Callahan pursue a less demanding career that would not require prolonged standing, walking, or any vigorous activities. Callahan's employer, Matthews, stated at the trial that he attempted unsuccessfully to set up two meetings to arrange for Callahan to return to work performing light tasks. Our scrutiny of the record does not uncover any written documentation substantiating that notice, and Callahan denies having received notice of that offer. However, Dr. Murtagh's records indicate that Callahan refused to participate in the light duty that had been prescribed, stating that he could not physically perform the activities. Moreover, Callahan confirmed this response in his deposition, wherein he stated that he could not return to work for two hours a day because he could not stand on his leg. An employee is not entitled to collect either temporary total disability or permanent total disability when the treating physician has opined that the claimant is physically able to engage in light duty employment, but the claimant refuses to do so. Spencer v. Gaylord Container Corporation, 96-1230, p. 5 (La. App. 1 Cir. 5/28/97), 693 So.2d 818, 822. Thus, the decision by the court to deny benefits is not clearly wrong. Given this court's finding that imposition of La. R.S. 23:1208 is not apposite to the particular circumstances of this case, the claim for restitution by Wayne Matthews Construction premised on La. R.S. 23:1208 D. is also inapplicable.
Accordingly, the decision of the workers' compensation court is affirmed. Costs of this appeal are to be borne equally between the claimant, John Callahan, III, and Wayne Matthews Construction.
AFFIRMED.
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