124 So. 2d 782 | La. Ct. App. | 1960
This is a compensation claim, and plaintiff appeals from a judgment rejecting his demands for total permanent disability.
On October 10, 1959, while employed as a derrick man on a drilling rig operated by M.
The sole issue presented in this case is whether plaintiff has established a causal connection between the accident of October 10th and the disabling back condition which was found to exist sometime subsequent thereto. This issue was resolved against plaintiff by the district judge on the basis of the testimony of the witnesses who appeared on trial. Our examination of the record fails to disclose manifest error in the conclusions reached by the district judge. Despite plaintiff’s contentions that he complained of an injury to his back immediately following the injury, this fact is categorically denied by every member of the drilling crew who was present at the time, including the plaintiff’s own brother, who was the tool pusher or foreman of the crew on duty. Additionally it must be noted that plaintiff’s actions following the occurrence of the accident do not serve to substantiate his claim. Plaintiff continued work without complaint, according to the vast preponderance of the evidence, and on the 19th of October procured the signing of his pay check, for services performed through the 14th, by his employer, Lindsey, to whom he made no complaint of any injury. To the contrary, on the occasion of meeting his employer, plaintiff indicated that he intended to return to work.
It is true that plaintiff’s wife, son and a brother corroborated his story that he had complained to them,of an injury to his back but the weight and value of this testimony is somewhat questionable and does not serve to overcome the effect of the testimony of disinterested witnesses. , .
We fail to find any evidence of manifest error in the judgment appealed from.
Before this court diligent counsel for plaintiff has alternatively urged the remand of this case for a new trial on the basis of newly discovered evidence. Motion for a rehearing was properly and timely urged in application to the district court on the basis of the purported testimony of plaintiff’s nephew, which assertedly would have the effect of contradicting and impeaching the testimony of his mother, given on original trial.
The only ground upon which we would be justified in remanding the instant case would require a finding that the district judge had abused his discretion in refusing a new trial. Such a conclusion is not justified on the face of the record. In this connection it is pertinent to point out that we have made no reference in our statement
The judgment appealed from is affirmed at appellant’s cost.