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Carter v. Lakeview Regional Medical Center9/23/2005
s in internal medicine. The WCJ found Dr. Parker's deposition testimony to be confusing and noted that at times Dr. Parker found his own notes and records confusing as well. Dr. Parker twice released Carter to light-duty work, and it was not until Carter asked him to send a letter to the workers' compensation administrator stating that she was unable to work that he classified her as totally disabled. Dr. Parker's records contain a note Carter brought to his office on April 6, 2002, asking Dr. Parker to send a letter to the workers' compensation claims adjuster stating that she has been unable to work since February 4, 2002 due to degenerative disc and joint disease and severe chronic low back pain. Additionally, Dr. Parker's records contain a phone message from Carter stating that she needed Dr. Parker to "recommend a [psychologist] in order for her & it has to be in her chart for W/C to pay." The WCJ found that Carter's attempts to influence Dr. Parker's opinions called into question the accuracy and validity of his opinions.
It is undisputed that Carter has a long-standing history of back problems. Such a preexisting condition does not automatically disqualify an employee from benefits; however, she must show that she was in good health before the accident, but commencing with the accident, symptoms of the disabling condition appeared. If such a showing is made, the employee's disability is presumed to be the result of the work-related accident. Champagne v. State, Louisiana State University, 01-0242 (La. App. 1 Cir. 3/28/02), 819 So.2d 1059, 1063-1064.
The evidence presented at trial does not support Carter's claim to have been in good health prior to the accident; therefore there is no presumption that her disability is the result of a work-related accident. Furthermore, her version of events, i.e., that she reported the accident to two coworkers, was not corroborated by the evidence presented at trial. We find no manifest error in the trial court's finding that she failed to carry her burden of proving a compensable injury caused by a work-related accident.
Whether Penalties and Attorney Fees are Owed to Carter
Benefits due a workers' compensation claimant must be paid within sixty days after the employer or insurer receives written notice thereof. La. R.S. 23:1201(E). Penalties and attorney fees may be awarded for failure to provide such payment timely, unless the claim is reasonably controverted or if such nonpayment results from conditions over which the employer or insurer had no control. La. R.S. 23:1201(F).
As the court found that there were no benefits due Carter, and we have affirmed this finding, we find no error in the court's failure to award penalties and attorney fees.
DECREE
The judgment of the trial court denying Geraldine Carter's claim for workers' compensation benefits is affirmed, and costs of this appeal are assessed to Carter.
AFFIRMED.
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