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Williams v. Sheridan Construction Company9/28/2001
This is an appeal by James G. Williams (plaintiff), from a judgment of the Office of Workers' Compensation Administration, dismissing his claim for benefits; finding that plaintiff had willfully made false statements in order to obtain benefits; ordering plaintiff to pay civil penalties in the amount of $500.00 and to pay all legal fees and court costs incurred by the employer, Sheridan Construction Company, Inc., in accordance with LSA- R.S. 23:1208; and referring the matter to the Fraud Division of the Office of Workers' Compensation Administration for further action.
FACTS AND PROCEDURAL HISTORY
On June 17, 1996, while employed by Sheridan Construction Company, Inc. (Sheridan) as a general laborer, plaintiff allegedly sustained a work-related accident in the course and scope of his employment. Plaintiff contends that as he stooped down and attempted to lift a large structural beam, measuring approximately twelve by twelve inches square and fourteen feet long, he felt a sharp pain from the back of his neck, down the length of his back and into his legs and groin area. According to plaintiff, he fell to his knees where he remained for a few seconds and then got to his feet and walked around. Shortly thereafter, he began helping other employees who were attempting to dig a forklift out of the mud. He began shoveling mud from behind the forklift, but when he tried to stand up, he experienced increased pain in his back. At that point, plaintiff reported his alleged injury to Donnie Sheridan, the foreman on the job that day.
That evening, plaintiff reported to the emergency room of Bogalusa Community Medical Center, where he was given pain medication and sent home. According to plaintiff, when he awoke the next morning, his pain was worse but he reported to the jobsite and spoke with the superintendent, Victor Boyles. Plaintiff told Boyles that he needed further medical treatment and that he was going to see another doctor. Plaintiff did not return to work following that day, and Sheridan began paying plaintiff weekly indemnity benefits.
Following trial where liability and disability were strenuously contested, the workers' compensation judge found that plaintiff had failed to prove that an accident had occurred. In view of this finding with which we affirm for reasons hereinafter set forth, we pretermit any discussion of disability benefits.
From this judgment, plaintiff appeals, contending that the workers' compensation judge erred in: (1) finding that he made false statements to obtain workers' compensation benefits; (2) finding a violation of LSA-R.S. 23:1208 when he did not recall being treated for previous injuries; (3) relying on the independent medical examiner's report and in mischaracterizing his physician's findings; and (4) imposing civil penalties and payment of Sheridan's legal fees and court costs.
WILLFUL MISREPRESENTATIONS BY PLAINTIFF (Assignments of Error Nos. 1, 2 & 4)
Plaintiff contends that the workers' compensation judge erred in finding that he had violated LSA-R.S. 23:1208. 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 provisions of this Chapter, either for himself or for any other person, to willfully make a false statement or representation.
D. In addition to the criminal penalties provided for in Subsection C of this Section, any person violating the provisions of this Section may be assessed civil penalties by the workers' compensation judge of not less than five hundred dollars nor more than five thousand dollars, and may
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