 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Finders v. Batiste4/6/2005
AFFIRMED IN PART; REVERSED IN PART.
The employer filed a disputed claim for compensation , asserting that its injured employee made untrue statements regarding his medical history in order to obtain workers' compensation benefits. The employee sought reinstatement of benefits. The workers' compensation judge found in favor of the employee, reinstating benefits and awarding attorney's fees for an impermissible termination of benefits. The employer appeals. For the following reasons, we affirm in part and reverse in part.
Factual and Procedural Background
The record establishes that at the time of the February 12, 2003 work-related accident at issue, Joseph Jean Batiste was employed by Labor Finders as a general laborer. While working on a road construction project, Mr. Jean Batiste was engaged in "pulling concrete with a pull along" when he fell. Thereafter, Mr. Jean Batiste began complaining of lower back pain. By March 2003, Mr. Jean Batiste was diagnosed with a herniated lumbar disc. Although he was released to return to light duty work, the modified working arrangements at Labor Finders were unsuccessful. Mr. Jean Batiste's employment was terminated by Labor Finders by letter dated April 24, 2003. The note informing Mr. Jean Batiste of the termination reports that the termination was due to three warnings of failure to report to work or unacceptable work effort.
Labor Finders filed a claim form instituting this matter on May 2, 2003 requesting the suspension of benefits for violation of La.R.S. 23:1208. According to Labor Finders, Mr. Jean Batiste violated La.R.S. 23:1208 due to his repeated denials of prior back injury or workers' compensation claims. Labor Finders points to statements to the physician examining Mr. Jean Batiste after the accident and to Ivory Loring, the workers' compensation claims adjuster, in which prior back injuries were denied. In fact, medical records indicate that Mr. Jean Batiste previously reported back pain to physicians and had been diagnosed as suffering from chronic pain syndrome and mild lumbar strain.
Labor Finders also notes that Mr. Jean Batiste filed workers' compensation claims with previous employers. According to Ms. Loring, this failure to inform of prior injuries in the pre-employment application was the basis for the termination of benefits, pursuant to La.R.S. 23:1208.1. Mr. Jean Batiste also filed a claim form, seeking reinstatement of benefits and attorney's fees for wrongful termination of benefits.
The workers' compensation judge found in favor of Mr. Jean Batiste, reinstating benefits and awarding $3,000 in attorney's fees. Labor Finders appeals, presenting the following issues for review:
1. Did the Court err in allowing Dr. Friedberg to testify as to Plaintiff's "intent" when he lied to Ivory Loring in two recorded statements about prior back injuries and when he lied to Dr. Alleman when he denied having prior back problems?
2. To what extent will the judicial system excuse the lies of a worker 's compensation plaintiff because of lack of social judgment?
3. Does a Hearing Officer commit reversible error by not ruling on a defense raised by the employer when it is clear that ruling on the issue would cause the injured employee to forfeit all benefits under the Workers' Compensation Act?
4. Should the plaintiff have been awarded attorney's fees of $3,000?
Discussion
Admissibility of Psychologist's Report and Testimony
Prior to the hearing on the matter, Labor Finders challenged the admissibility of a report issued by Dr. Ted Friedberg, a psychologist, and his related testimony. Dr. Fr
Page 1 2 3 4 5 6 Louisiana Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|