Smith v. Schumpert, 117 So. 3d 315

Johnny L. Smith, Jr. worked for Christus Schumpert as an environmental technician and also for Caddo Parish School Board; he injured his right shoulder at work for Schumpert in August 2009.
Schumpert paid indemnity (disability) benefits and medical bills from Smith’s treating physician, Dr. Eddie Anglin, and continued paying for prescribed medication and pain patches.
On February 24, 2010 Dr. Anglin released Smith to full duty with no restrictions; indemnity payments ceased and Smith continued working (including the second job) until he was terminated by Schumpert for excessive tardiness about eight months later.
Smith filed a claim with the Office of Workers’ Compensation seeking medical expenses, supplemental earnings benefits (SEBs), and temporary total disability (TTD) benefits.
After Smith presented his case, Schumpert moved for involuntary dismissal under La. C.C.P. art. 1672(B); the OWC granted the motion and entered judgment for Schumpert. Smith appealed pro se.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the OWC erred in granting involuntary dismissal under La. C.C.P. art. 1672(B)	Smith argued the OWC improperly dismissed his claims and failed to award medical and indemnity benefits	Schumpert argued Smith failed to prove entitlement to any benefits and dismissal was proper because plaintiff did not meet his burden	Court affirmed: dismissal proper because Smith failed to prove entitlement by preponderance/clear and convincing evidence where applicable
Entitlement to indemnity benefits (TTD/SEBs)	Smith asserted he was entitled to continued indemnity benefits	Schumpert noted Smith was released to full duty, received indemnity until release, then worked (including a second job) and no physician said he was incapable of work	Held: Smith failed to meet burden to show inability to work; indemnity payments rightly stopped at release; no entitlement shown
Entitlement to additional medical benefits	Smith contended additional medical/indemnity benefits were due	Schumpert showed it paid Dr. Anglin’s bills and prescribed medication and that no physician ordered additional treatment	Held: No evidence of additional physician-ordered treatment; medical benefits claim failed

Frye v. Olan Mills, 7 So.3d 201 (La. App. 2d Cir.) (burden for indemnity benefits: proof by clear and convincing evidence of inability to engage in any employment)
Taylor v. Wal-Mart Stores, Inc., 914 So.2d 579 (La. App. 2d Cir.) (medical expense recovery requires proof of necessity and causal connection by a preponderance of the evidence)
Barnes v. Barnes, 71 So.3d 1004 (La. App. 2d Cir.) (standard for involuntary dismissal: plaintiff must establish proof by a preponderance of the evidence)
Atkins v. City of Shreveport, 48 So.3d 326 (La. App. 2d Cir.) (involuntary dismissal reviewed for manifest error; reasonable factual basis suffices)
Brooks v. Minnieweather, 86 So.3d 684 (La. App. 2d Cir.) (trial court has broad discretion in granting involuntary dismissal)