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Davis v. Petroleum Club of Lafayette9/19/2001
As amended October 26, 2001.
WILSON JOSEPH DAVIS, SR.
v.
PETROLEUM CLUB OF LAFAYETTE
APPEAL FROM THE OFFICE OF WORKERS' COMPENSATION DISTRICT 04, DOCKET NO. 00-06894 HONORABLE SHARON M. MORROW
Harry K. Burdette The Glenn Armentor Law Corporation 300 Stewart Street Lafayette, LA 70501. Counsel For Plaintiff/appellee Wilson Joseph Davis, Sr. Philip E. Roberts Roy, Bivens, Judice & Henke P.O. Drawer Z Lafayette, LA 70502. Counsel For Defendant/appellant The Petroleum Club
Court composed of Sylvia R. Cooks, Billie Colombaro Woodard and Jimmie C. Peters, Judges.
The opinion of the court was delivered by: Sylvia R. Cooks Judge
AFFIRMED.
COOKS, Judge
The plaintiff, Wilson Davis, was employed as a dishwasher at the Petroleum Club. According to Davis, on November 20, 1999, as he attempted to pick up a large pot of gumbo, he heard a pop in his neck and felt instantaneous pain in his neck and down his arms. Davis stated he told his supervisors about what happened and they informed him they would take care of it. He was not told to fill out an accident report by his supervisors. At the time of this incident, Davis was a fifty- seven year old male, who was illiterate and had worked for the Petroleum Club for approximately ten years.
Davis testified despite the pain, he continued to work, until he finally sought medical attention on January 26, 2000, at University Medical Center (UMC) in Lafayette. He complained of pain in his neck and arms, numbness in his neck and burning sensations. He subsequently was treated by Dr. Luiz DeAraujo, who diagnosed Davis as suffering from a disc herniation at the C5-6 level with associated nerve damage. Davis underwent an anterior cervical microdiscectomy and fusion at C5-6. Because Davis suffered substantial nerve damage, he eventually was required to undergo an ulnar nerve transposition on both the left and right arm. According to Dr. DeAraujo, Davis was rendered totally disabled as a result of his injuries.
Davis requested indemnity benefits and payment of medical expenses from the Petroleum Club. Davis was told to pay for the medical expenses with his personal health insurance card and the Petroleum Club refused to pay him indemnity benefits.
Davis filed a Disputed Claim for Compensation on August 29, 2000. A mediation conference was held at which a representative of the Petroleum Club was in attendance. Service of Process was accepted by J.B. Frost, a supervisor at the Petroleum Club. When no answer was received from the Petroleum Club, a preliminary default was granted on October 30, 2000. A default confirmation hearing was held on November 15, 2000. At the hearing, Davis testified regarding the accident and the events that followed, and copies of the pertinent medical records were introduced. The workers' compensation judge found Davis' testimony credible and in accord with the medical records. Davis was awarded temporary total disability benefits from January 31, 2000, until he is released to return to work. Davis was also awarded his medical expenses, as well as $2,000.00 in penalties and an additional penalty of 12% of all medical bills incurred and not paid directly by the employer.
Lastly, Davis was awarded $3,000 in attorney fees. When the Petroleum Club was served with a copy of the default judgment, it filed a suspensive appeal asserting the following assignments of error:
1. The workers' compensation judge erred by admitting into evidence at the default judgmen
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