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Fredericks v. Beverly Industries7/26/2005
Panel composed of Judges Edward A. Dufresne, Jr., Susan M. Chehardy, and Walter J. Rothschild
AFFIRMED
Scott Fredericks appeals the dismissal of his workers' compensation claim by the Office of Workers' Compensation ("OWC"). We affirm.
The claimant, Scott Fredericks, worked for Beverly Industries, Inc. as a truck driver and truck maintenance mechanic. He filed a disputed claim for compensation on December 5, 2003, in which he claimed to have been injured on November 11, 2003, when a fellow employee, Albert Allen, hit him over the head with a fire extinguisher. Fredericks alleged he suffered headaches and pain in his neck, hand, arm and ankles. He also stated that after he reported the incident to his employer, he was terminated from his employment for engaging in horseplay. He sought benefits, medical payments, and penalties and attorney's fees for arbitrary and capricious denial of benefits and for wrongful termination.
Beverly Industries, Inc. responded that the claim had been denied because Fredericks was the initial aggressor in the altercation at issue, there was no accident in the course and scope of employment for purposes of worker's compensation, and Fredericks has no disability that prohibits him form working and earning wages equal to his wages at the time of his injury. Alternatively, Beverly asserted that any disability pre-existed the injury alleged in this case. It also asserted, generically, any affirmative defenses that might be available to it, without specifying particulars. Beverly denied liability for benefits, medical expenses, or penalties and attorney's fees.
Subsequently, Fredericks moved to strike Beverly's generic assertion of the affirmative defense of fraud. After a hearing, a consent judgment issued, allowing Beverly to amend its pleading to allege fraud with particularity. Beverly filed a Supplemental and Amended Answer, in which it asserted that Fredericks made misrepresentations in claiming that he was injured in the course and scope of his employment, claiming that he is disabled, claiming that he is unable to work, and in denying previous accidents, injuries, medical treatment, and/or lawsuits or claims.
The matter was tried on August 18, 2004. The OWC judge rendered a judgment that included factual findings, as follows:
The Court listened attentively to the testimony of the witnesses and observed their demeanor. It has considered the entire record in this matter: the pleadings, the testimony of the witnesses, both live and by deposition, the exhibits and stipulations of the parties, and the arguments and memorandums of counsel.
From all of the above the Court has concluded that Claimant was not a credible witness; that he has willfully made false statements under oath for the purpose of receiving workers' compensation benefits, and that other witnesses and other evidence have discredited or cast serious doubt upon Claimant's version of the work-related altercation and its aftermath. In addition, there is no evidence in the record that any doctor has disabled Claimant from working as a result of his alleged work-related injuries.
Considering the applicable law and the evidence the Court concludes that the disputed workers' compensation claim of Scott Frederick has no merit....
Accordingly, the OWC judge dismissed the claim, held that Fredericks had violated the provisions of La.R.S. 23:1208 by willfully making false statements under oath for the purpose of receiving workers' compensation benefits, and directed that the claim be referred to the OWC Fraud Unit for further proceedings.
On appeal, Fredericks contends the OWC judge com
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