Dunlap v. Madison Parish School Board
61 So. 3d 833
La. Ct. App.2011Background
- Dunlap, a cafeteria worker for Madison Parish Middle School, was injured October 13, 2005, when a 13-pound hanging mixing bowl fell.
- She later developed migraine headaches, blurred vision, and depression; diagnosis included bilateral carpal tunnel syndrome.
- She filed a disputed workers’ compensation claim on October 17, 2008 seeking benefits, medical expenses, penalties, and attorney fees.
- WCJ trial on June 19, 2009 found some injuries unrelated to the 2005 accident and noted preexisting conditions.
- The WCJ ordered payment of certain medical expenses, penalties, and fees, and found some injuries not related to the accident.
- This appeal seeks affirmation as amended and remand for recalculation of witness fees under statute.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Are migraine headaches, vision problems, neck problems, depression, and obesity related to the 2005 accident? | Dunlap contends these conditions were aggravated by the accident. | School board argues preexisting diabetes, obesity, and related issues explain symptoms. | WCJ’s causation findings affirmed; no relation established. |
| Was the $750 witness fee improperly classified as expert witness fees? | Fees should be for lay witnesses, not experts. | Fees were for case managers and warranted as expert-like costs. | Remand to recalculate fees under La. R.S. 13:3671. |
| Did Dunlap's second job survive after her mother's death affecting benefits? | Second job should continue as per statute. | Job ended with mother’s death; no continued employment. | WCJ correct; second job benefits not extended. |
Key Cases Cited
- Dean v. Southmark Const., 879 So.2d 112, 879 So.2d 112 (La. 2004) (manifest error standard; credibility and preponderance burden)
- Harris v. Casino Magic, 865 So.2d 301, 865 So.2d 301 (La.App.2d Cir. 2004) (credibility; appellate review of fact)
- Lubom v. L.J. Earnest, Inc., 579 So.2d 1174, 579 So.2d 1174 (La.App.2d Cir. 1991) (burden when evidence is evenly balanced)
- Bruno v. Harbert Intern. Inc., 593 So.2d 357, 593 So.2d 357 (La.1992) (Bruno elements for claimant testimony alone)
- McLin v. Industrial Specialty Contractors, Inc., 851 So.2d 1135, 851 So.2d 1135 (La. 2003) (causation and proof burden in WC claims)