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Mitchell v. Brown Builders5/11/2005
Before STEWART, MOORE and LOLLEY, JJ.
John Mitchell appeals the judgment in this workers' compensation suit denying his request for indemnity benefits and medical expenses. Defendant Brown Builders, in answer to the appeal, seeks a reversal of the WCJ's denial of a finding of fraud under La. R.S. 23:1208 and damages for frivolous appeal. For the following reasons, we affirm in part, reverse in part, and render.
FACTS
The salient facts are contained in this Court's prior decision in this matter in Mitchell v. Brown Builders, Inc., 35,022 (La. App. 2d Cir. 8/22/01), 793 So. 2d 508. We will not be unnecessarily repetitive here. John Mitchell filed the present disputed claim for compensation attempting to litigate the issues concerning the extent of his neck and back pain following the 1998 accident that occurred while he worked for Brown Builders. Mitchell contended that his current neck and back pain was related to the 1998 accident and that he was entitled to disability benefits from the date that this court's opinion stated such benefits should be stopped. Defendants filed an exception of res judicata which was granted in part. The WCJ, however, ruled that Mitchell still had a viable claim for treatment related to his lower back injuries.
This matter proceeded to a trial on the merits, but the WCJ determined that Mitchell failed to establish that his current injuries were related to the 1998 accident. But the WCJ also denied Brown Builders' claim that Mitchell had committed fraud. This appeal ensued.
DISCUSSION
Res Judicata
Under La. R.S. 23:1310.8(E), a judgment denying benefits is res judicata after an applicant has exhausted his rights of appeal. Following this court's decision in Mitchell v. Brown Builders, supra, in which we held that the evidence failed to establish that claimant's neck injury was work related, Mitchell applied for writs to the Louisiana Supreme Court and was denied.
In spite of this court's previous opinion in this matter, Mitchell attempted to relitigate the same issues that were presented in the first lawsuit. He filed another disputed claim for compensation contending that his neck injury was related to the 1998 accident and his compensable disability from the accident should not have ended in late 1998. Nonetheless, the court's ruling on the neck/causation issue is dispositive and barred by the doctrine of res judicata. LeBlanc v. Consolidated Aluminum Co., 433 So. 2d 361 (La. App. 3d Cir. 1983); Jackson v. Iberia Parish Gov., 96-1711 (La. App. 3d Cir. 4/30/97), 693 So. 2d 320.
Further, Mitchell has not assigned as error the WCJ's ruling on the exception of res judicata. That ruling, therefore, is now final and cannot be contested on appeal by plaintiff. Hamilton v. State Farm Mut. Ins. Co., 588 So. 2d 792 (La. App. 2d Cir. 1991). Thus, the only issue that was before the WCJ at the trial on the merits and that is now properly before the court on appeal is whether the WCJ erred in denying plaintiff's claim for medical expenses associated with the low back. The evidence on this limited issue is clear: plaintiff offered no evidence whatsoever of his past medical bills. However, during his testimony at the previous trial in this matter, Mitchell stated that his back pain had been eliminated by the neck surgery. Thus, it is considerably difficult to give credibility to his contention that it was not until after his medication was discontinued that he realized his back was in pain. Plaintiff has filed an appeal which never seriously discusses the evidence, or absolute lack thereof. From the record and deposition testimony of Dr. Dean, taken in May 2000, it is clear that pl
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