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Johnikin v. Jong's9/21/2005
and inferences of fact should not be disturbed upon review where conflict exists in the testimony. Stobart, supra.
As noted, the medical records show that Ms. Johnikin was involved in a car accident in December 1998 and saw doctors several times subsequently with complaints about back pain radiating down her legs. Further, she slipped and fell in March 2000 and complained to her doctor of "severe" back pain as a result of this fall. Despite the overwhelming evidence of her prior back injuries, the claimant steadfastly persisted in denying that she had ever injured her back. This case is reminiscent of Smith v. Riverwood International, 35,727 (La. App. 2d Cir. 2/27/02), 810 So. 2d 1175, writ denied, 02-0958 (La. 5/31/02), 817 So. 2d 101, wherein the claimant violated La. R.S. 23:1208 by downplaying her prior injury status both to her doctors and to the OWC. As in Smith, the questions for the claimant at trial in this case concerning prior injuries were straightforward and not subject to misinterpretation; in fact, Ms. Johnikin was shown the medical records in conjunction with the questions and still denied having previously injured her back. Accordingly, we conclude that the record as a whole supports the trial court's conclusion that Ms. Johnikin violated La. R.S. 23:1208 and, thus, forfeited any benefits to which she may have been entitled.
CONCLUSION
For the foregoing reasons, the judgment of the Office of Workers' Compensation is affirmed. Costs are assessed to Claimant/Appellant, Glenda Johnikin.
AFFIRMED.
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