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McCray v. Delta Industries9/21/2001
evidence, medical and lay, in order to determine if the plaintiff has met his burden. Bailey v. Smelser Oil & Gas, Inc., 620 So.2d 277, 280 (La. 1993).
In the instant case, the OWC judge stated that his determination that plaintiff had reached maximum medical improvement and could return to work was based upon the injury to plaintiff's knee and the treatment of his knee thereafter. The OWC judge indicated that the record was largely silent as to plaintiff's subjective complaints of an injury to his back or head and that based upon Dr. Trahant's report, plaintiff did not appear to suffer those injuries. In each of plaintiff's assignments of error, the issue to be determined is whether there is evidence to support plaintiff's contention that he did in fact suffer an injury to his back and/or neck.
The OWC gave his judgment on April 6, 2000 dismissing plaintiff's claim for the following reasons:
After hearing argument of Counsel, observing the witnesses upon examination, review of the medical reports and deposition, the Court concludes the Law and Evidence illustrates the claimant reached maximum medical improvement on or about December 1998 as to his knee injury . The weight of medical evidence [reveals] the claimant could return to his previous employment at that time. Throughout his treatment and examinations prior to December of 1998, the claimant testified he reported complaints of back and/or neck pain. However, the medical records are largely silent as to these subjective complaints. Never-the-less , the defendant authorized an examination with its' choice of neurologist, Dr. Trahant, who concluded [there exists] no neurological or objective abnormalities.
Louisiana jurisprudence is clear that in workers' compensation cases, as in other cases, the appellate court's review is governed by the manifest error or clearly wrong standard. Freeman v. Poulan/Weed Eater, 93-1530, p. 4 (La. 1/14/94), 630 So.2d 733, 737; Bruno v. Harbert International, Inc., 593 So.2d 357, 361 (La. 1992); Washington v. Lyons Specialty Company, 96-0263, p. 6 (La. App. 1st Cir. 11/8/96), 683 So.2d 367, 372, writ denied, 96-2944 (La. 1/31/97), 687 So.2d 408. A court of appeal may not set aside a hearing officer's finding of fact in absence of "manifest error" or unless it is "clearly wrong." Freeman v. Poulan/Weed Eater, 630 So.2d at 737; Rosell v. ESCO, 549 So.2d 840, 844 (La. 1989); Stobart v. State, Department of Transportation and Development, 617 So.2d 880, 882 (La. 1993); Washington v. Lyons Specialty Company, 683 So.2d at 372. The appellate court must determine not whether the trier of fact was right or wrong, but whether the factfinder's conclusion was a reasonable one, after reviewing the record in its entirety. Stobart v. State, Department of Transportation and Development, 617 So.2d at 882; Vargas v. Daniell Battery Manufacturing Company, Inc., 93-1249, p. 8 (La. App. 1st Cir. 5/20/94), 636 So.2d 1194, 1198. Even though an appellate court may feel its own evaluations and inferences are more reasonable than the factfinder'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, Department of Transportation and Development, 617 So.2d at 882; Rosell v. ESCO, 549 So.2d at 844; Arceneaux v. Domingue, 365 So.2d 1330, 1333 (La. 1978); Vargas v. Daniell Battery Manufacturing Company, Inc., 636 So.2d at 1198.
Upon review of the medical records of the different physicians involved in treating plaintiff, we recognize that Dr. Nancy Mellin treated plaintiff immediately after he was transported from the accident site to the hospital specifically for an orbital blowout frac
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