To be entitled to SEB, the claimant bears the burden of proving by a preponderance of the evidence that his work-related injury prevents him from earning wages equal to 90% or more of his wages at the time of his injury. La.R.S. 23:1221 (3); Smith v. Louisiana Dept. of Corrections, 93-1305 (La. 2/28/94); 633 So.2d 129; Woolley v. CAS Refining, Inc., 94-648 (La.App. 3 Cir. 1/11/95); 651 So.2d 860, writ denied, 95-1158 (La. 6/16/95); 655 So.2d 331. An analysis of the facts and circumstances of the particular case is employed, the court keeping in mind the tenet that worker's compensation law is to be liberally construed in favor of coverage.
Keeping in mind that the worker's compensation law is to be liberally construed in favor of coverage, claimant has the initial burden of showing that the work-related accident results in an inability to earn at least 90 percent of his former wages. Smith, v. Louisiana Dept. of Corrections, 93-1305 (La. 2/28/94), 633 So.2d 129. Once the employee's burden is met, the burden of proof then shifts to the employer who must show that the claimant is physically able to perform a certain job and that job was offered to the employee or that job was available to the employee in the employer's community or reasonable geographic region. Id.
Factual findings in workers' compensation cases are subject to the manifest error or clearly wrong standard of appellate review. Banks v. Industrial Roofing Sheet MetalWorks, 96-2840, p. 7 (La. 7/1/97), 696 So.2d 551, 556; Smith v. Louisiana Dep't of Corrections, 93-1305, p. 4 (La. 2/28/94), 633 So.2d 129, 132; Freeman v. Poulan/WeedEater, 93-1530, pp. 4-5 (La. 1/14/94), 630 So.2d 733, 737-38. In applying the manifest error-clearly wrong standard, the appellate court must determine not whether the trier of fact was right or wrong, but whether the factfinder's conclusion was a reasonable one.
Factual findings in workers' compensation cases are subject to the manifest error or clearly wrong standard of appellate review. Smith v. Louisiana Dep't of Corrections, 93-1305, p. 4 (La. 2/28/94), 633 So.2d 129, 132. In applying the manifest error-clearly wrong standard, the appellate court must determine not whether the trier of fact was right or wrong, but whether the fact finder's conclusion was a reasonable one. Banks v. Industrial Roofing Sheet Metal Works, Inc., 96-2840, p. 6 (La. 7/1/97), 696 So.2d. 551, 556. 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 if convinced that had it been sitting as trier of fact, it would have weighed the evidence differently.
In making these determinations, courts are required to be "mindful of the jurisprudential tenet that worker's compensation law is to be liberally construed in favor of coverage." Smith v. Louisiana Department of Corrections, 93-1305 (La. 2/28/94), 633 So.2d 129, 132; Reed v. Direct Installers, 95-CA-1684 (La.App. 4th Cir. 1/31/96), slip op. at p. 6, 669 So.2d 529, 533-34; Garner v. Sheats Frazier, 95-39 (La.App. 3rd Cir. 7/5/95), 663 So.2d 57, 61. Generally, a claimant, such as Fortune in the instant case, has the initial burden of showing that he is entitled to SEB benefits because he is unable to earn 90 percent of his pre-injury wages.
In making these determinations, courts are required to be "mindful of the jurisprudential tenet that worker's compensation law is to be liberally construed in favor of coverage. Smith v. Louisiana Department ofCorrections, 93-1305 (La. 2/28/94), 633 So.2d 129, 132; Garner v. Sheats Frazier, 95-39 (La.App. 3d Cir. 7/5/95), 663 So.2d 57, 61. Once a claimant, such as Reed in the instant case, has shown that he is entitled to SEB because he is no longer able to earn 90 percent of his pre-injury wages, the burden shifts to the defendant to prove that "the employee is physically able to perform a certain job and that the job was offered to the employee or that the job was available to the employee in his or the employer's community or reasonable geographic region."
The standard of the appellate court's review of the factual findings of the trial court in a worker's compensation case is governed by the manifest error or clearly wrong standard, as in other cases. Smith v. Louisiana Dept. of Corrections, 93-1305 (La. 2/28/94); 633 So.2d 129, 132. Reasonable evaluations of credibility and inferences of fact should not be disturbed upon review where conflict exists in the testimony, even though an appellate court may feel its own evaluations and inferences are more reasonable than the factfinder's.
However, the hearing officer determined that Mr. Daugherty had carried his burden under La.R.S. 23:1221(3) of proving by a preponderance of the evidence that an injury sustained in the course and scope of his employment resulted in his inability to earn wages equal to 90% or more of the wages he earned before the accident, such that he had established a prima facie case of entitlement to an award of supplemental earnings benefits. The hearing officer further determined that Domino's had carried its burden of proving "the employee is physically able to perform a certain job and that the job was offered to the employee or that the job was available to the employee in his or the employer's community or reasonable geographic region," Smith v. LouisianaDept. of Corrections, 93-1305 (La. 2/28/94), 633 So.2d 129, 132, by proving it had offered, and Mr. Daugherty had accepted and worked at, a light-duty job at the Domino's facility in Baton Rouge, the same place plaintiff had worked prior to sustaining his injury. As such, the hearing officer ruled Domino's had properly converted Mr. Daugherty's compensation from temporary total disability to supplemental earnings benefits and reduced his supplemental earnings benefits by the amount he was able to earn at the light-duty job.
DISCUSSION Louisiana jurisprudence recognizes that factual determinations made by a trial court are entitled to great discretion on appeal. See, e.g., Smith v. Louisiana Department of Corrections, 93–1305 (La.2/28/94), 633 So.2d 129, 132; Stobart v. State, 617 So.2d 880, 882 (La.1993); Creekmore v. Elco Maintenance, 94–1571 (La.App. 1 Cir. 6/30/95), 659 So.2d 815, 817. An appellate court cannot set aside a factual finding made by a trial court absent manifest error or unless the finding was clearly wrong. Smith, 633 So.2d at 132.
DISCUSSION Louisiana jurisprudence recognizes that factual determinations made by a trial court are entitled to great discretion on appeal. See, e.g., Smith v. Louisiana Department of Corrections, 93–1305 (La.2/28/94), 633 So.2d 129, 132 ; Stobart v. State, 617 So.2d 880, 882 (La.1993) ; Creekmore v. Elco Maintenance, 94–1571 (La.App. 1 Cir. 6/30/95), 659 So.2d 815, 817. An appellate court cannot set aside a factual finding made by a trial court absent manifest error or unless the finding was clearly wrong. Smith, 633 So.2d at 132.