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Williams v. Sheridan Construction Company9/28/2001
ensation judge was presented with two permissible views of the evidence concerning whether a work-related accident occurred. Accordingly, under the appropriate standards of appellate review, we must conclude that the workers' compensation judge's finding that plaintiff failed to prove by a preponderance of the evidence that an accident had occurred was not manifestly erroneous.
Because we find no manifest error in the workers' compensation judge's finding that plaintiff failed to establish by a preponderance of the evidence that a work-related accident had occurred, we pretermit discussion of his contention that the workers' compensation judge erred in relying on the opinion of the state-appointed independent medical examiner in finding that plaintiff had failed to prove the necessity of surgery.
CONCLUSION
For the above and foregoing reasons, that portion of the April 26, 2000 workers' compensation judgment that dismisses plaintiff's claims with prejudice is affirmed. The portions of the judgment finding a violation of LSA-R.S. 23:1208 ordering plaintiff to pay civil penalties, legal fees and court costs and referring the matter to the Fraud Division of the OWC for further action is reversed. Costs of this appeal are assessed equally between James G. Williams and Sheridan Construction Company, Inc.
AFFIRMED IN PART, REVERSED IN PART AND RENDERED.
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