Dew v. V.I.S., Inc.

9 Citing cases

  1. Aymond v. R.J. Jones Sons

    690 So. 2d 769 (La. Ct. App. 1997)   Cited 6 times

    Additionally, a trial court's determination as to whether a compensable injury was suffered is a question of fact and will not be disturbed unless manifestly erroneous or clearly wrong. Dew v. V.I.S., Inc., 95-141 (La.App. 3 Cir. 11/2/95); 664 So.2d 693; Borel, 626 So.2d 565; Coley, 620 So.2d 445; Bruno, 593 So.2d 357. The manifest error test requires the reviewing court to consider the record as a whole to ascertain whether the trier of fact's findings constituted manifest error.

  2. Poullard v. Diocese

    819 So. 2d 501 (La. Ct. App. 2002)

    Additionally, the trier of fact's determination as to whether a compensable injury was suffered is a question of fact and will not be disturbed unless manifestly erroneous or clearly wrong. Dew v. V.I.S., Inc., 95-141 (La.App. 3 Cir. 11/2/95); 664 So.2d 693. The workers' compensation judge's judgment stated, "Claimant failed to prove that her injury and disability were causally related to the alleged incident on May 23, 2000."

  3. Wilson v. Wal-Mart Stores

    799 So. 2d 805 (La. Ct. App. 2001)

    Additionally, the trier of fact's determination as to whether a compensable injury was suffered is a question of fact and will not be disturbed unless manifestly erroneous or clearly wrong. Dew v. V.I.S., Inc., 95-141 (La.App. 3 Cir. 11/2/95); 664 So.2d 693. In his oral reasons for judgment, the OWC judge stated:

  4. Capitol Mfg. Co. v. Brooks

    745 So. 2d 825 (La. Ct. App. 2000)   Cited 3 times

    Additionally, the trier of fact's determination as to whether a compensable injury was suffered is a question of fact and will not be disturbed unless manifestly erroneous or clearly wrong. Dew v. V.I.S., Inc., 95-141 (La.App. 3 Cir. 11/2/95); 664 So.2d 693. Capitol's defense on this is based primarily on its argument that Brooks was not involved in a work accident because the accident was unwitnessed, Brooks did not complain of the accident until Monday, and sought no medical care the weekend following the alleged mishap.

  5. French v. State

    731 So. 2d 447 (La. Ct. App. 1999)

    To reverse a finding of fact, the appellate court must first conclude that a reasonable factual basis does not exist for the trier of fact's finding. Dew v. I.S., Inc., 95-141 (La.App. 3rd Cir. 11/2/95), 664 So.2d 693. Secondly, the reviewing court must determine the findings were clearly wrong based on the record. Id.

  6. Bryan v. Allstate Timber

    724 So. 2d 853 (La. Ct. App. 1999)   Cited 17 times

    Additionally, the trier of fact's determination as to whether a compensable injury was suffered is a question of fact and will not be disturbed unless manifestly erroneous or clearly wrong. Dew v. V.I.S., Inc., 95-141 (La.App. 3 Cir. 11/2/95); 664 So.2d 693. Defendant's basis for denying Bryan's claim was that he had no "identifiable accident" as required by La.R.S. 23:1021 (1).

  7. Oxley v. Sattler

    710 So. 2d 261 (La. Ct. App. 1998)   Cited 5 times
    In Oxley v. Sattler, 97-1299 (La.App. 3d Cir. 2/18/98), 710 So.2d 261, writ denied, 98-1864 (La. 4/23/99), 739 So.2d 183, the court found that the plaintiff sustained a perivascular injury which was compensable under the workers' compensation provisions.

    Rideaux v. Franklin Nursing Home, 95-240 (La.App. 3 Cir. 11/22/95), 664 So.2d 750, writ denied 95-3093 (La. 2/16/96), 667 So.2d 1058. To qualify for compensation benefits, an injured worker need only prove, by a preponderance of the evidence, that the preexisting condition was activated or precipitated into a disability by a work-related accident. See Dew v. V.I.S., Inc., 95-141 (La.App. 3 Cir. 11/2/95), 664 So.2d 693. In workers' compensation proceedings, the administrative hearing officer's determination as to whether a worker has discharged his burden of proof is "not to be disturbed on appellate review unless that finding was clearly wrong or manifestly erroneous."

  8. Jackson v. Savant Ins. Co.

    694 So. 2d 1178 (La. Ct. App. 1997)   Cited 22 times

    Additionally, the trier of fact's determination as to whether a compensable injury was suffered is a question of fact and will not be disturbed unless manifestly erroneous or clearly wrong. Dew v. V.I.S., Inc., 95-141 (La.App. 3 Cir. 11/2/95); 664 So.2d 693. The manifest error test requires the reviewing court to consider the record as a whole to ascertain whether the trier of fact's findings constituted manifest error.

  9. Dupont v. Holiday Inn

    685 So. 2d 525 (La. Ct. App. 1996)   Cited 9 times

    Second, the appellate court must further determine that the findings were clearly wrong based on the record." Dew v. V.I.S., Inc., 95-141, p. 3 (La.App. 3 Cir. 11/2/95); 664 So.2d 693, 695, citing Stobart, 617 So.2d 880. Furthermore, the Louisiana Supreme Court, in Canter v. Koehring Company, 283 So.2d 716, 724 (1973), stated, as follows: "When there is evidence before the trier of fact which, upon its reasonable evaluation of credibility, furnishes a reasonable factual basis for the trial court's finding, on review the appellate court should not disturb this factual finding in the absence of manifest error."