Court: Louisiana Court of Appeal; August 10, 1989; Louisiana; State Appellate Court
On October 14, 1986, Rung Nguyen, employed by Schwegmann Giant Supermarkets, Inc., fell and injured his back, leading to a claim for workers' compensation. After rejecting the Office of Worker’s Compensation's recommendation, he filed a lawsuit seeking permanent total disability benefits. The trial court awarded him permanent partial disability benefits for 520 weeks, determining he was totally disabled until October 19, 1987. Schwegmann appealed, challenging the cutoff date for benefits, arguing it should be June 20, 1987, based on Dr. Brent's testimony, which they claimed was more credible than that of other doctors.
Dr. Brent, who examined Nguyen on July 20, 1987, opined that Nguyen had a normal orthopedic examination and was not restricted from work. The trial court found Nguyen capable of light duty work starting October 19, 1987, and deemed Dr. Rozenkrantz's testimony less credible. The appellate court upheld the trial court's decision as not clearly erroneous, emphasizing that multiple doctors’ opinions were considered.
Additionally, Schwegmann contended that the trial court erred by not allowing a credit for benefits previously paid to Nguyen. However, the court ruled that LSA-R.S. 23:1223 did not apply to this case, as the deductions claimed were not explicitly covered by the relevant statutes. The judgment was affirmed, with a partial dissent noting a discrepancy in the examination date listed in the appellant's brief.
