Dow v. United Parcel Service, 124 So. 3d 36

James Dow, a UPS driver of 33+ years, struck his head on a loading-dock door on April 14, 2009; parties stipulated the accident was work-related.
Initial imaging (CT, MRI) showed no acute brain injury; treating physicians diagnosed concussion/contusion and later post-concussion syndrome and occipital neuralgia; imaging showed cervical degenerative changes and a C6-7 disc protrusion.
Claimant retired May 29, 2009, then received and later had workers’ compensation benefits terminated March 31, 2010; he sought supplemental earnings benefits (SEB) alleging inability to earn 90% of pre-injury wage due to persistent pain and medication effects.
Medical opinions conflicted: treating pain specialists (Drs. McLeod, Holaday, Odenheimer) found occipital neuralgia and chronic symptoms with varying work restrictions; UPS’s IME neurologist (Dr. McWilliams) attributed most symptoms to preexisting degenerative spine disease and other non-work causes, concluding the on-the-job bump was minor.
WCJ credited the evidence that the work injury was minor and that claimant failed to prove his ongoing disability and medication dependence were caused by the work accident; claim for SEB was denied and termination of benefits upheld.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Causation of ongoing neck/head/back disability	Dow: post-accident symptoms began with the accident and continued; treating doctors link pain to the accident	UPS: medical evidence shows degenerative cervical disease, other conditions, and that the bump was trivial; ongoing symptoms not causally related	Held for defendant: claimant failed to prove work injury caused disabling condition
Entitlement to Supplemental Earnings Benefits (SEB)	Dow: cannot earn ≥90% pre-injury wage due to pain/medication; SEB should apply	UPS: claimant did not prove the inability to earn 90% is due to the work injury; medical evidence shows recoverable or non-work causes	Held for defendant: claimant not entitled to SEB
Necessity of pain medication as work-related treatment	Dow: medications are necessary to control work-related pain and limit his ability to work	UPS: medications are tied to non-work conditions or inappropriate dosing; treating notes indicate issues unrelated to the work event	Held for defendant: WCJ found lack of evidence meds were required due to work injury
Standard of review on appeal	Dow: WCJ erred in credibility/causation findings	UPS: WCJ’s factual credibility determinations entitled to deference	Held: appellate court applied manifest-error standard and found WCJ’s factual findings reasonable

McLin v. Industrial Specialty Contractors, Inc., 851 So.2d 1135 (La. 2003) (worker must prove injury arose out of employment to recover)
Modicue v. Graphic Packaging, 4 So.3d 968 (La. App. 2009) (claimant bears burden to show disability is related to on-the-job injury)
Taylor v. Columbian Chemicals, 744 So.2d 704 (La. App. 1999) (causal connection requirement for compensable disability)
Scott v. Super 1 Foods, 48 So.3d 1133 (La. App. 2010) (prima facie proof may be shown by demonstrating good pre-accident health and onset of symptoms at accident)
Poissenot v. St. Bernard Parish Sheriff’s Office, 56 So.3d 170 (La. 2011) (purpose of SEB is to compensate lost wage-earning capacity)
Roach v. Libbey Glass, Inc., 107 So.3d 759 (La. App. 2012) (employee must prove inability to earn 90% of pre-injury wages to obtain SEB)
Fuentes v. Cellxion, Inc., 27 So.3d 1045 (La. App. 2009) (appellate review of WCJ factual findings governed by manifest-error standard)
Gilbert v. Willis-Knighton Workkare Clinic, 20 So.3d 1149 (La. App. 2009) (credibility and factual determinations rest with WCJ)
Winford v. Conerly Corp., 897 So.2d 560 (La. 2005) (when two permissible views exist, appellate court must defer to factfinder)
Stobart v. State, 617 So.2d 880 (La. 1993) (standard for reviewing manifest error in factual findings)
Sheppard v. Isle of Capri, 909 So.2d 699 (La. App. 2005) (conflicting testimony resolved by WCJ and not disturbed absent manifest error)