Ball v. J.E. Merit Constructors11/7/2003
By this appeal, an employee contests a judgment of the Office of Workers' Compensation Administration, granting her former employer's motion for summary judgment based on a finding that the employee failed to present evidence showing that she could meet her burden of proving a compensable accident at trial. For the following reasons, we affirm.
FACTS AND PROCEDURAL HISTORY
On August 19, 1999, Carrie Hall, a boilermaker employed by J.E. Merit Constructors, Inc. allegedly injured her right shoulder while in the course and scope of her employment. Shortly thereafter, J.E. Merit began paying weekly workers' compensation benefits to Ms. Hall and paying all medical expenses associated with the alleged accident.
On January 2, 2002, J.E. Merit filed a disputed claim for compensation, asserting Ms. Hall did not sustain a compensable accident while in the course and scope of her employment. J.E. Merit terminated Ms. Hall's workers' compensation benefits on or about March 13, 2002. On May 10, 2002, Ms. Hall filed an answer and a reconventional demand, seeking the reinstatement of her benefits.
Subsequently, J.E. Merit filed a motion for summary judgment asserting that Ms. Hall could not meet her burden of proving a compensable accident or injury during her employment with J.E. Merit and, therefore, no benefit is owed to the employee. After hearing the matter, the workers' compensation judge granted summary judgment in favor of J.E. Merit. Ms. Hall appeals, asserting that summary judgment was improper as genuine issues of material fact remain as to whether an accident occurred.
SUMMARY JUDGMENT
A motion for summary judgment is a procedural device used to avoid a full-scale trial when there is no genuine issue of material fact. Jarrell v. Carter, 632 So.2d 321, 323 (La.App. 1 Cir. 1993), writ denied, 94-0700 (La. 4/29/94), 637 So.2d 467. The summary judgment procedure is favored and is designed to secure the just, speedy, and inexpensive determination of every action. LSA-C.C.P. art. 966(A)(2); Rambo v. Walker, 96-2538, p. 5 (La.App. 1 Cir. 11/7/97), 704 So.2d 30, 32. The motion should be granted only if the pleadings, depositions, answers to interrogatories, and admissions on file, together with any affidavits, show that there is no genuine issue as to material fact and that mover is entitled to judgment as a matter of law. LSAC.C.P. art. 966(B). When appropriate under articles 966 and 967, summary judgment is available in workers' compensation cases. LSA-R.S. 23:1317(A); Pope v. Younger Bros., Inc., 96-1604, p. 4 (La.App. 1 Cir. 5/9/97), 693 So.2d 1287, 1289.
An appellate court reviews a trial court's decision to grant a motion for summary judgment in workers' compensation cases de novo, using the same criteria that govern the trial court's consideration of whether summary judgment is appropriate. LeJeune v. Brewster, 97-2342, p. 4 (La.App. 1 Cir. 11/6/98), 722 So.2d 74, 76. The initial burden of proof is on the moving party. However, on issues for which the moving party will not bear the burden of proof at trial, the moving party's burden of proof on the motion is satisfied by pointing out to the court that there is an absence of factual support for one or more elements essential to the adverse party's claim, action, or defense. Thereafter, the non-moving party must produce factual support sufficient to establish that it will be able to satisfy its evidentiary burden of proof at trial; failure to do so shows that there is no genuine issue of material fact. LSA-C.C.P. art. 966(C)(2); Clark v. Favalora, 98-1802, p. 10 (La.App. 1 Cir. 9/24/99), 745 So.2d 666, 673. Because it is the applicable substantive law that determines materiality,
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