GUIDRY, J.
Claimant, James Bowman, III, appeals a judgment of the Office of Workers' Compensation (OWC) finding he failed to meet his burden of proof to relate his disabling injury to his workplace accident. Finding no manifest error in the OWC judge's conclusions, we affirm.
On April 22, 2013, the claimant fell backwards to the ground while attempting to break up a fight between two male juvenile detainees
On July 19, 2013, the claimant contacted Fay Giroir, the workers' compensation
The claimant filed a disputed claim for compensation with the OWC on August 27, 2013. Following a hearing before an OWC judge on March 14, 2014, the claimant's disputed claim for compensation was dismissed with prejudice on May 19, 2014. The OWC judge found that the claimant did not meet his burden of proving by a preponderance of the evidence that his current medical condition was causally related to his April 22, 2013 workers' compensation accident. Claimant devolutively appeals the dismissal of his disputed claim.
The only error that the claimant asserts on appeal is that the OWC judge erred in finding that the employer rebutted the presumption of causation and that the claimant's medical condition was not causally related to his April 22, 2013 accident.
An employee in a workers' compensation action has the burden of establishing a causal link between the accident and the subsequent disabling condition. Starkey v. Livingston Parish Council, 12-1787, p. 6 (La.App. 1st Cir.8/6/13), 122 So.3d 570, 574. A claimant must establish a causal connection between the accident and the resulting disability by a preponderance of the evidence. Causation is not necessarily and exclusively a medical conclusion. It is usually the ultimate fact to be found by the fact finder based on all credible evidence. Carmena v. St. Anthony's Home, 11-1181, pp. 3-4 (La.App. 1st Cir.5/2/12), 92 So.3d 539, 541.
An appellate court, in a workers' compensation case, as in other cases, is bound by the manifest error rule and may not set aside the findings of fact unless they are clearly wrong or manifestly erroneous. Carmena, 11-1181 at pp. 4-5, 92 So.3d at 542. The fact-finder's determinations as to whether the worker's testimony is credible and whether the worker has discharged his burden of proof are, most certainly, factual determinations that should not be disturbed on appellate review unless clearly wrong or manifestly erroneous. Ardoin v. Firestone Polymers, L.L.C., 10-0245, pp. 5-6 (La. 1/19/11), 56 So.3d 215, 219.
When an employee suffers from a preexisting medical condition, he may still prevail if he proves that the accident "aggravated, accelerated, or combined with the disease or infirmity to produce death or disability for which compensation is claimed." Starkey, 12-1787 at p. 6, 122 So.3d at 574 (quoting Walton v. Normandy Village Homes Association, Inc., 475 So.2d 320, 324 (La.1985)). An otherwise healthy employee with a preexisting condition is entitled to benefits if he can prove that his work-related accident contributed to, aggravated, or accelerated his injury. An employee's work-related accident is
However, as recognized by the Louisiana Supreme Court in Walton, there are limitations to the invocation of the presumption:
Walton, 475 So.2d at 324 (citations omitted).
While it is undisputed that the claimant suffered an on-the-job injury, at issue is whether that injury caused the disability claimed. Immediately following the accident, the claimant reported some tightening on his right side and discomfort in his neck, but after being cleared by Mr. Davis, a paramedic, he completed his shift for the night. Accident reports completed by his supervisors indicate that the claimant sustained a "sprain/strain" injury to his neck and back. Thereafter, the claimant did not communicate any further complaints or problems of injury and continued working without missing any scheduled work days until July 2013.
On July 2, 2013, the claimant went to the Cardiovascular Institute of the South complaining of pain in his left leg while walking and reporting the onset of his complaint as being three weeks prior to his visit. On finding that the etiology of his left leg pain was "non-vascular," the claimant was advised to follow up with his primary care physician. On July 18, 2013, the claimant went to see Dr. Scott Haydel, his primary care physician. The claimant complained to Dr. Haydel of burning pain in his left leg, back pain, legs giving out, and trouble going from sitting to standing, starting approximately two months prior to the visit. Dr. Haydel ordered an MRI of the claimant's lumbar spine based on a diagnosis of left lower extremity radiculopathy and further ordered the claimant to remain off work until further notice. The MRI revealed that the claimant had "[m]ultilevel degenerative disk disease changes of the lumbar spine ... with central canal stenosis at L3-4 and L4-5." It was after his visit to Dr. Haydel that the claimant first notified the employer of a possible workers' compensation claim related to the April 22, 2013 workplace accident.
At the workers' compensation hearing, the claimant admitted that he did not complain to his supervisors or co-workers of any kind of problems after the date of the accident. He explained that during that time, he had been evaluated and had received a low grade for missing days, so he did not want to miss any more days of work because of injury. He stated that he started developing leg pain about three weeks to a month following the April 22, 2013 accident, but he thought the pain and weakness in his legs was due to a blockage or circulation problems, so he went to the Cardiovascular Institute of the South regarding his complaints. After learning that circulation was not the cause of his complaints, the claimant went to his primary care physician, Dr. Haydel, at the recommendation of the Cardiovascular Institute of the South. He testified that it was not until Dr. Haydel inquired whether he had fallen recently that he connected
In her reasons for judgment, the OWC judge found that the employer had rebutted the presumption that the claimant's current disability was caused by the workplace accident. In so finding, the OWC judge explained:
The OWC judge went on to discuss the actions of the claimant displayed on a video recording of the claimant while at work
Generally, the surrounding circumstances of the case indicate what effect a court should give to the length of time a worker takes to report an accident. Trent v. Triad Electric & Controls, Inc., 09-1192, p. 6 (La.App. 3d Cir.4/7/10), 34 So.3d 484, 490. In a workers' compensation case, whether a claimant has carried his burden of proof and whether testimony is credible are questions of fact to be determined by the OWC. Louisiana Safety Association of Timbermen, 12-0775 at p. 8, 111 So.3d at 1082. Under the manifest error rule, the reviewing court does not decide whether the factual findings are right or wrong, but whether they are reasonable. If the fact finder's findings are reasonable in light of the record reviewed in its entirety, the court of appeal may not reverse, even though convinced that had it been sitting as the trier of fact, it would have weighed the evidence differently. Where two permissible views of the evidence exist, the fact finder's choice between them cannot be manifestly erroneous or clearly wrong. Louisiana Safety Association of Timbermen, 12-0775 at p. 8-9, 111 So.3d at 1083.
With these precepts in mind, and being constrained by the applicable standard of review, we cannot conclude that the findings of the OWC judge in this case are manifestly erroneous. While the claimant testified that he had no previous back problems,
For the foregoing reasons, we affirm the judgment of the Office of Workers' Compensation. All costs of this appeal are assessed to the claimant, James Bowman, III.