Meneses v. IFCO Systems9/23/2005
BEFORE: CARTER, C.J., DOWNING, AND GAIDRY, JJ.
The claimant-appellant, Walter Meneses, appeals an adverse judgment of the Office of Workers' Compensation Administration, District 6, dismissing his claim for workers' compensation benefits instituted against the defendants-appellees, IFCO Systems, Inc. (Mr. Meneses's employer), and its workers' compensation insurer, Liberty Mutual Insurance Company. The defendants-appellees have answered the appeal, seeking restitution of medical benefits pursuant to La. R.S. 23:1208(D). For the following reasons, we affirm the judgment and dismiss the answer to the appeal.
FACTS AND PROCEDURAL HISTORY
The claimant, Walter Meneses, is a native of Costa Rica, and was employed by IFCO Systems, Inc. (IFCO) as a mechanic responsible for maintaining heavy equipment. He claims that he suffered a work-related injury on Saturday, April 27, 2002, as the result of a fall from a forklift to the ground. The claimed accident was not witnessed. In his disputed claim for compensation, filed on March 17, 2003, and in subsequent testimony, he explained that he had changed hydraulic fluid lines on the forklift and slipped on the steps of the forklift as he was getting down. He did not believe he had sustained a serious injury at the time, but reported the accident to a foreman, Oscar Delgado, who resided near the business premises and was the only supervisory employee present that day. Mr. Meneses further testified that his low back pain increased through the following Monday, and he reported the claimed accident and injury to Waylon Givens, IFCO's assistant general manager, on either Sunday or Monday.
In his trial testimony, Mr. Delgado confirmed Mr. Meneses's initial verbal report of the accident, and stated that he instructed Mr. Meneses to report the accident later to either Mr. Givens or Chad Montalbano, the general manager. Mr. Givens testified at trial that Mr. Meneses did advise him of the accident on the morning of April 29, 2002, the following Monday. He recalled that Mr. Meneses reported that "he fell off the forklift off of a ladder" and "hit the ground." He further testified that he instructed IFCO's office manager to retrieve an accident report form to fill out in order for Mr. Meneses to receive treatment at North Oaks Medical Center.
The outpatient records of North Oaks Medical Center for April 29, 2002 document the history that Mr. Meneses "slipped while on stairs & fell backwards, landing on [his right] shoulder & [right] lumbar area." He was evaluated and released with a diagnosis of lumbar spine and right shoulder contusions. He returned on May 6, 2002, reporting that although his shoulder pain had improved, his lumbar spine pain had not. The examining physician diagnosed a lumbar spine strain with a possible disc herniation and recommended an MRI study. An MRI study performed on May 15, 2002 was interpreted as showing a two-millimeter disc protrusion at the L4-L5 level and evidence of a laminotomy with facet joint hypertrophy and bilateral neural foramen stenosis at the L5-S1 level. On May 17, 2002, Mr. Meneses was still complaining of right shoulder and low back pain. The diagnosis that date was that of a right shoulder strain/contusion and a lumbar spine strain.
Mr. Meneses had been treated prior to the claimed accident by Charles R. Genovese, Jr., M.D., an internal medicine specialist. Following the accident, Mr. Meneses again sought treatment from Dr. Genovese, the first occasion being on May 6, 2002. On that occasion, he did not mention either the accident or the presence of any back or shoulder pain. The accident was not reported to Dr. Genovese until the following visit of June 27, 2002.
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