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Hartman v. Wal-Mart11/7/2003
In this workers' compensation case, an employer challenges an award of benefits, penalties and attorney fees to the claimant. We affirm.
BACKGROUND
Windy Hartman was hired by Wal-Mart as a temporary employee in March of 2001 to work on a remodeling job. Ms. Hartman made a claim for workers' compensation benefits, alleging that in April of 2001, she was injured during the course and scope of her employment while moving shelves when one shelf fell on her right knee. Wal-Mart refused to pay the claim, denying the occurrence of a work accident.
On January 2, 2002, Ms. Hartman filed this disputed claim for compensation benefits in the Office of Workers' Compensation. A trial was held, and the workers' compensation judge (WCJ) rendered judgment in favor of Ms. Hartman, finding that she sustained a work-related injury to her knee and was entitled to temporary total disability benefits. The WCJ also found that Wal-Mart acted arbitrarily in refusing to pay benefits, and awarded Ms. Hartman $2,000.00 in penalties, and attorney fees in the amount of $2,000.00. This appeal, taken by Wal-Mart, followed. Ms. Hartman filed an answer to the appeal, seeking attorney fees for the additional work performed in connection with the appeal.
DISCUSSION
In its first assignment of error, Wal-Mart insists that the WCJ erred in finding Ms. Hartman met her burden of proving entitlement to disability benefits. Specifically, it urges that Ms. Hartman failed to prove the occurrence of a work accident and its medical connexity to her right knee condition.
Whether a claimant has established a work-related accident and whether the worker is entitled to disability benefits are factual determinations subject to the manifest error or clearly wrong standard of review. Barber Brothers Contracting Company, L.L.C. v. Morgan, 2002-1712, p. 2 (La. App. 1 Cir. 5/9/03), 849 So.2d 563, 564. In order for an appellate court to reverse a compensation judge's factual findings, it must find from the record that a reasonable factual basis does not exist for the findings and the record establishes those findings are clearly wrong. Stobart v. State, Department of Transportation and Development, 617 So.2d 880, 882 (La. 1993).
At trial, Ms. Hartman testified that one evening in April, she was moving shelves when a pin popped out and one shelf fell on her knee. She stated that her knee was bruised and she told her co-worker, April Baudoin, about the accident. She testified that she and April went to their supervisor and reported the accident on that date. Although Ms. Baudoin did not witness the accident, she corroborated Ms. Hartman's testimony, stating that she found Mrs. Hartman leaning against a furniture display "with her knee up." She also observed a bruise on Ms. Hartman's knee after Ms. Hartman described the accident to her, and testified she was present when Ms. Hartman reported the accident to the supervisor.
In support of its claim that Ms. Hartman failed to prove the occurrence of a work accident, Wal-Mart focuses on the testimony of its employees, as well as Ms. Hartman's admission that she did not inform her family physician, whom she saw shortly after the alleged incident, about the work accident. Donald Owens, Wal-Mart's assistant manager, stated that the first time Ms. Hartman apprised him she hurt her knee was on May 16, 2001, when Ms. Hartman filled out a claim report, as her temporary job with Wal-Mart was ending. Also, Consuela Uzee, Wal-Mart's claims manager, stated that she did not know about the accident until Mr. Owens logged the information about the accident into the store's computer system. She testified that Ms. Hartman told her a couple
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