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Hayes v. Industrial Enterprises9/28/2001
This is an appeal from a decision by a workers' compensation judge that plaintiff, Talmadge Hayes, forfeited his entitlement to workers' compensation benefits pursuant to LSA-R.S. 23:1208. In accordance with this decision, the workers' compensation judge rendered judgment dismissing plaintiff's claim for workers' compensation benefits with prejudice.
FACTUAL BACKGROUND
Plaintiff began working for defendant, Industrial Enterprises, Inc., on January 26, 1999, as a handyman. On June 9, plaintiff allegedly injured his lower back and right hip and leg when he lifted a length of pipe. Plaintiff reported the accident the next morning to Pat Wheat, defendant's employee in charge of human resources. Ms. Wheat sent plaintiff to the Healthsouth Medical Clinic (Healthsouth) for treatment. On June 10, Dr. Jonathan Roundtree at Healthsouth diagnosed plaintiff with right hip strain and released him to return to light duty. Plaintiff returned to work on June 11, but left after working about half of the day because of continued complaints of pain. After June 11, plaintiff never returned to work with defendant.
Plaintiff was treated at Healthsouth on a couple more occasions before seeking treatment from Dr. Richie R. Roth and Dr. Thomas Plantz, chiropractors at the Family Chiropractic Clinic. Drs. Roth and Plantz certified that plaintiff was disabled from June 23 through July 28. Plaintiff continued to seek treatment at the Family Chiropractic Clinic through August 5.
Beginning in mid-June, plaintiff sought treatment at the Earl K. Long Medical Center emergency room and walk-in clinic. On June 19, Dr. W. Phillip Mitchell examined plaintiff in the emergency room for complaints of buttock pain. Dr. Mitchell listed " erniated Lumbar L4-L5 Disc" as the final diagnosis on the June 19 medical record. Subsequent visits by plaintiff to the emergency room and walk-in clinic with complaints of back pain and chronic right hip and leg pain resulted in diagnoses of lumbar disk disease. In August, a MRI was performed on plaintiff, which confirmed that plaintiff suffered from a herniated disk at the L4-5 level. In November 1999, plaintiff's attorney referred him to see Dr. Jack F. Loupe, an orthopedic surgeon. Dr. Loupe diagnosed plaintiff with a herniated disk at the L4-5 level. Based on plaintiff's assertion that he did not have any prior problems with his lower back, Dr. Loupe opined that plaintiff sustained a disabling back injury on June 9.
PROCEDURAL HISTORY
On July 15, 1999, plaintiff filed a disputed claim for compensation, alleging injury to his lower back and right leg. Defendant filed an answer denying 1) that either an accident or injury occurred in the course and scope of plaintiff's employment, 2) that plaintiff sustained a work-related disability, and 3) that plaintiff was entitled to workers' compensation benefits. After a trial, the workers' compensation judge decided that while an on-the-job injury exacerbated a pre-existing injury to his lower back and right hip and leg, plaintiff's failure to disclose the existence of pre-existing back and right leg and hip conditions to defendant required the dismissal of his claim. A judgment was signed dismissing plaintiff's claim with prejudice at his costs. Plaintiff appeals, asserting that the trial court was manifestly erroneous 1) in ordering a forfeiture of benefits and 2) in not awarding workers' compensation benefits, penalties and attorney fees.
FORFEITURE OF BENEFITS
Louisiana Revised Statute 23:1208 provides in pertinent part as follows:
A. It shall be unlawful for any person, for the purpose of obtaining or defeating any benefit or payment under the provisi
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