Opinion
NO. 2014 CW 1391
10-02-2014
REGINALD CROCKERHAM v. WEYERHAEUSER HOLDEN WOOD PRODUCTS
In Re: Weyerhaeuser Holden Wood Products, applying for supervisory writs, Office of Workers' Compensation, District 6, No. 14-00401.
BEFORE: WHIPPLE, C.J., McCLENDON AND HIGGINBOTHAM, JJ.
WRIT DENIED.
TMH
VGW
McClendon, J. dissents and would grant the writ. I would reverse the September 17, 2014 judgment by the Workers' Compensation Administration denying the motion for summary judgment filed by defendant, Weyerhaeuser Holden Wood Products, and enter judgment in its favor, granting its motion. Plaintiff Reginald Crockerham has failed to produce factual support sufficient to establish that he will be able to satisfy his evidentiary burden at trial. See La. Code Civ. P. art. 966. Plaintiff suffers from degenerative disc disease, which is excluded from the classification of an occupational disease under the Workers' Compensation Act, and plaintiff has not experienced a work-related accident such that he is entitled to workers' compensation benefits. La. R.S. 23:1031(A); La. R.S. 23:1031.1(B); La. R.S. 23:1021(1). I would dismiss plaintiff's claims against defendant. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT