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Robinson v. Brown12/19/2001
This appeal arises from an action filed by Brenda Robinson ("Robinson") for workers' compensation benefits. Robinson was denied benefits by the workers' compensation judge ("WCJ"), who determined that the injuries complained of did not occur within the course of Robinson's employment. Robinson appeals. She now abandons her claims for workers' compensation benefits for alleged injuries from chemical exposure; only the slip and fall claim is raised on appeal. For the following reasons, we affirm the decision of the workers' compensation court.
FACTS
On October 11, 1999, Robinson, an x-ray technician, filed a disputed claim for compensation against her employer, Dr. Douglas Brown. Robinson complained of respiratory and cardiovascular problems which resulted from inhaling chemicals while developing x-rays in the course of her employment on or about May 4, 1999. She also complained of low back, hip, leg and shoulder injuries resulting from a fall in the parking lot her workplace on December 23, 1998. Robinson requested penalties and attorney's fees.
Dr. Brown answered and denied that the accident in the parking lot was in the course of Robinson's employment. Following a trial on the merits, the WCJ found, in oral reasons, that Robinson was not entitled to workers' compensation benefits for either injury and dismissed her claims with prejudice.
Robinson's appeal involves her request for workers' compensation benefits for injuries that resulted from the fall in the parking lot. On the day of the fall, Robinson had attempted to report to work during an ice storm. There was a note posted on the office door indicating that the office would be closed for the day. After Robinson left the building, she slipped on a patch of ice and injured her back while crossing a public street to get to the parking lot where her car was parked. The next day, Robinson reported her injury to Dr. Brown's nurse practitioner, Susan Godwin, and stated she had symptoms similar to when she had shingles. Godwin gave Robinson some medication for pain. Robinson returned to work on January 2, 1999. Robinson did not continue to complain about the pain to her co-workers. She continued her same duties until the alleged May 4, 1999 chemical exposure incident, after which she was terminated. Robinson did not seek other medical treatment for her back injuries until two months after she was terminated.
The WCJ found that the fall was not within the "course and scope" of Robinson's employment. The judge further found that the "threshold doctrine" did not apply since there was no special risk, attributable to the location of the work premises, that was different from the risk to which the general traveling public was exposed. This appeal followed.
DISCUSSION
The issue presented by this appeal is whether the WCJ erred in determining that the December 23, 1998 slip and fall in the parking lot did not occur within the course of Robinson's employment. Robinson went to work, parked in a parking lot that was open to the public, found the office was closed due to inclement weather and left the building. She alleges that as she stepped from the curb of the street onto the parking lot, she slipped on an icy patch and fell.
The WCJ found that the accident did not occur within the course and scope of Robinson's employment. The standard of review of the workers' compensation court's decision is the same as for a district court's judgment. Absent a finding of manifest error of fact or law, the judgment will be upheld. Kelly v. Jack Jackson Const. Co., 32,663 (La. App. 2d Cir. 12/30/99), 748 So. 2d 1270, citing, Banks v. Industrial Roofing & Sheet Metal Works, Inc.,
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