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Jim Walter Homes2/15/2002
no less than three subsequent accidents and injuries to his right arm following his May 5, 1995 work-related accident.
Initially, we note that the issue raised by Mr. Prine in his second assignment of error, i.e., whether his misrepresentations harmed Lumbermen's, was assigned as error but not briefed by Mr. Prine. Thus, it is considered abandoned pursuant to Uniform Rules--Courts of Appeal, Rule 2-12.4. See Theriot v. Bourg, 96- 0466, p. 17 (La. App. 1 Cir. 2/14/97), 691 So.2d 213, 225, writ denied , 97-1151 (La. 6/30/97), 696 So.2d 1008. Nonetheless, even if we were to consider this issue on appeal, we recognize that La. R.S. 23:1208 does not require a finding that Lumbermen's be prejudiced or harmed by Mr. Prine's misrepresentations in order to trigger forfeiture of his right to workers' compensation benefits. Sumrall, 95-0779 at 5, 665 So.2d at 799. Accordingly, Mr. Prine's argument in this regard is without merit.
Similarly, with regard to Mr. Prine's argument that there was no showing by Lumbermen's that he received "anything of value" because of his misrepresentations, there is no such requirement in La. R.S. 23:1208. As previously indicated, La. R.S. 23:1208 only requires that 1) the claimant make a false statement or representation, 2) the statement or representation be willfully made, and 3) the statement or representation be made for the purpose of obtaining workers' compensation benefits. There is more than sufficient evidence in the record to support a finding the Mr. Prine made several willful misrepresentations during his depositions and at trial. Therefore, we are left only with the question of whether the statements were made "specifically to obtain benefits, and thus to defraud the workers' compensation system." Sumrall, supra.
In a workers' compensation case, we are bound by the manifest error rule and may not set aside the factual findings of the workers' compensation judge absent a finding by this court that they are clearly wrong or manifestly erroneous. See Martin, supra. Furthermore, when factual findings are based on the credibility of witnesses, the fact finder's decision to credit a witness's testimony must be given "great deference" by the appellate court. Rosell v. ESCO, 549 So.2d 840, 844 (La. 1989). Thus, when there is a conflict in the testimony, reasonable evaluations of credibility and reasonable inferences of fact should not be disturbed upon review, although the appellate court may feel that its own evaluations and inferences are as reasonable. Id.
Following a thorough review of the record in the instant case, we find no manifest error in the workers' compensation judge's factual findings, findings that were based heavily on credibility determinations made by the judge. We find sufficient evidence to support a finding that Mr. Prine made repeated, willful, false statements for the purpose of obtaining benefits. Mr. Prine consistently failed to disclose incidents wherein he suffered various injuries including injury to his right arm. We find no error in the workers' compensation judge's determination that Mr. Prine willfully misrepresented his medical history and present condition for the purpose of obtaining benefits. Because of the discrepancies in Mr. Prine's testimony, we cannot say the workers' compensation judge's dismissal of his claim based on a forfeiture of benefits pursuant to La. R.S. 23:1208 is erroneous.
CONCLUSION
For the above and foregoing reasons, the judgment of the workers' compensation judge is affirmed in all respects. All costs associated with this appeal are assessed against defendant-appellant, Benny Ray Prine.
AFFIRMED.
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