 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Clausen v. D.A.G.G. Construction2/15/2002
). Even though an appellate court may feel its own evaluations and inferences are more reasonable than the fact finder's, reasonable evaluations of credibility and reasonable inferences of fact should not be disturbed upon review where conflict exists in the testimony. Stobart v. State, through Department of Transportation and Development, 617 So.2d at 882; Morris v. Norco Construction Company, 632 So.2d 332, 335 (La. App. 1st Cir. 1993), writ denied , 94-0591 (La. 4/22/94), 637 So.2d 163. A workers' compensation judge's determinations as to whether the claimant's testimony is credible and whether the claimant has discharged his burden of proof are factual determinations which will not be disturbed upon review in the absence of manifest error or unless clearly wrong. Parfait v. Gulf Island Fabrication, Inc., 97-2104 (La. App. 1st Cir. 1/6/99), 733 So.2d 11, 17, citing Bruno v. Harbert International Inc. , 593 So.2d at 361.
After a thorough review of the evidence presented and considering the credibility determinations obviously made by the workers' compensation judge, we conclude that the record reasonably supports, even in the absence of the evidence questioned by Clausen in his assignments of error, the workers' compensation judge's apparent finding that Clausen failed to prove by a preponderance of the evidence that he suffered an accident, or that any such accident occurring on May 17, 1999, caused a disabling injury which would have entitled him to benefits under the Workers' Compensation Act. Further, our review of the record establishes the workers' compensation judge was not clearly wrong.
For the foregoing reasons, the decision of the workers' compensation judge is affirmed. Costs of this appeal are assessed to Glen Clausen.
AFFIRMED.
Page 1 2 Louisiana Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|