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Seyfarth v. New Day Outpatient Rehab11/5/2003
PUBLISHED
AFFIRMED.
Andrea Seyfarth appeals a workers' compensation judgment holding that a July 19, 1999 work accident was a very temporary aggravation of a pre-existing neck condition and that there was insufficient evidence to establish a work-related accident on September 3, 1999.
FACTS
Seyfarth was employed by New Day Outpatient Rehabilitation as an occupational therapist. For approximately ten years she suffered with neck problems, taking a turn for the worse in 1997. On February 23, 1999, Dr. Luiz DeAraujo performed a hemilaminectomy of C6 on the right side and foraminotomies at C5-6 and C6-7 on the right side. Her pain improved remarkedly after surgery, but she testified that she still suffered with some significant pain. She was referred to Dr. Norman Anseman for physical rehabilitation following surgery.
Dr. Anseman first examined Seyfarth on April 7, 1999. He diagnosed her with cervical spondylosis with some residual problems from the surgery. He observed a considerable amount of spasm on the right side. On June 12, 1999, Seyfarth had a flare-up resulting in a worsened range-of-motion and or spasm. She had just gotten married and believed that tension and stress were causing her problems. On June 24, Dr. Anseman injected her left shoulder which had also become aggravated.
Dr. Anseman next saw Seyfarth on July 21, 1999, a few days after her first claimed work accident. Seyfarth related to Dr. Anseman how she had been preparing to give a workshop on July 19 and had to move an exercise mat causing another flare-up. His examination indicated that there was no spasm on the right but her left side had increased spasm. Her neurological exam was normal. He thought she would be better by the next visit.
Seyfarth next called Dr. Anseman on September 9 to complain that she was on the downhill with her neck. She was seen by Dr. Anseman on September 15, at which time she reported the second claimed work accident at issue in this case. Seyforth explained to Dr. Anseman that, while performing a functional capacity evaluation, she lifted a seventy-pound weight off a patient, again causing a flare-up. At trial, Seyfarth explained that she actually removed ten pounds at a time for a total of forty pounds and then lowered a box with the remaining thirty pounds. He noted a new area of spasm along the thoracic spine.
On November 5, 1999, Seyfarth left her employment with New Day. She gave one-month notice before she left. On August 31, 2000, Seyfarth filed a disputed claim for compensation. Following trial of the matter, the workers' compensation judge (WCJ) issued judgment dismissing Seyfarth's claims. Seyfarth appeals to this court arguing that the facts and testimony overwhelmingly support her description of the accidents and their effect on her.
SEPTEMBER 3, 1999
Seyfarth first claims that the WCJ was manifestly erroneous in finding the evidence insufficient to establish a work-related accident on September 3, 1999. Restating the definition of the "manifest error" standard, the supreme court in Edwards v. Sawyer Indus. Plastics, Inc., 99-2676, p. 9 (La. 6/30/00), 765 So.2d 328, 333, quoted from Canter v. Koehring Co., 283 So.2d 716, 724 (La.1973), as follows:
When there is evidence before the trier of fact which, upon its reasonable evaluation of credibility, furnishes a reasonable factual basis for the trial court's finding, on review the appellate should not disturb this factual finding in the absence of manifest error. Stated another way, the reviewing court must give great weight to factual conclusions of the trier of fact; where there is conflict in the testimony, r
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