Silverman v. Weatherford International, Inc.
83 So. 3d 11
La. Ct. App.2011Background
- Silverman filed separate workers’ compensation claims against Weatherford International, Inc. and BJ Services, consolidated for trial.
- March 12, 2009 Weatherford accident aggravated a preexisting July 2, 2005 knee injury.
- The WCJ held both employers solidarily liable for three months, with ongoing liability shifted to BJ Services thereafter.
- Medical opinions (Atchison, Shahrdar, Bilderback) conflicted on causation; IME supported aggravation from the 2009 accident.
- Weatherford stopped wage benefits after three months; penalties and fees were sought for the stoppage.
- On appeal, the court reversed the three‑month cap, holding both employers liable from March 12, 2009 onward and imposing penalties against Weatherford.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Are two sequential work injuries solidarily liable? | Two accidents jointly caused disability; solidary liability applies. | Only the later accident may be liable; merger limits liability. | Yes; both employers jointly liable for benefits from March 12, 2009 onward. |
| Did the March 12, 2009 accident cause aggravation of the preexisting condition? | Causation supported by treating and IME doctors; aggravation established. | Medical evidence does not prove causation beyond preexisting condition. | Yes; aggravation established and contributed to disability. |
| Was Weatherford’s termination of benefits after three months arbitrary and capricious? | Termination was arbitrary; penalties warranted. | Termination followed a reasonable dispute; no penalties. | Yes; termination arbitrary; penalties of $1,000 and $6,000 in attorney fees awarded. |
| What is the proper allocation of liability after finding solidary liability? | Solidary liability requires continued responsibility by both until cessation of disability. | Liability should taper to one employer after three months. | Both employers remain responsible from March 12, 2009 onward. |
Key Cases Cited
- Finley v. Hardware Mut. Ins. Co., 237 La. 214, 110 So.2d 583 (La. 1959) (solidary liability for successive injuries)
- White v. Taylor, 5 So.2d 537 (La. App. 2d Cir. 1941) (two accidents may total disability)
- Tron v. Little Italiano, Inc., 877 So.2d 1055 (La. App. 2d Cir. 2004) (rule of solidary liability for combination of work injuries)
- Hill v. Manpower-Collier Investments, 712 So.2d 560 (La. App. 2d Cir. 1998) (solidary liability context in successive injuries)
- Peveto v. WHC Contractors, 630 So.2d 689 (La. 1994) (presumption of causation for preexisting condition aggravated by accident)
- Dombrowski v. Patterson-UTI Drilling Co., 63 So.3d 308 (La. App. 2d Cir. 2011) (application of causation and-merger principles)
- Koenig v. Christus Schumpert Health System, 12 So.3d 1037 (La. App. 2d Cir. 2009) (causal connection standards in workers’ comp)
- Fuentes v. Cellxion, Inc., 27 So.3d 1045 (La. App. 2d Cir. 2009) (weight given to treating physician evidence)
- Stobart v. State through Dep’t of Transp. and Dev., 617 So.2d 880 (La. 1993) (standard for reviewing factual findings)