That a ship's rig tested positive for drug use one day after a fall at work allegedly worsening a previous knee injury was not a factor in Tuesday's dismissal of his work compensation claim in a federal appeal court in New Orleans.
Darrell Boudreaux, employed as a rig for Wilkinson Technologies Ltd. in Youngsville, Louisiana, in 2013 drove a staff basket lifted by a crane over a ship as he fell out of the basket two to three feet on the ship's platform and twisted on the knee, according to document in Darrell Boudreaux v. Director, Office for Labor Compensation Program , United States Department of Labor; Wilkinson Technologies; American Interstate Insurance Co., filed in the 5th US Circuit Court of Appeals.
Records say that when filling in a prehire medical history questionnaire, Boudreaux said "he did not have any long-term health problems or physical conditions." He did not respond to the question on the form and asked if he had ever had surgery. Witnesses reported that Boudreaux was soon up after the fall and left. He then filled in an accident report and was seen by medical staff and complained of knee and shoulder pain. He revealed at the time that he had previously had knee surgery and got Aleve and was cleared to return to work, which he did not.
Instead, he received a drug test and tested positive for amphetamine and cocaine one day after the incident and ended the following month, record status.
Having applied for work compensation according to the Longshore and Harbor Workers Compensation Act, his employer and its insurer denied the claim that the case had deteriorated an already existing state later with reference to a federal court of comprehensive medical documents documenting knee problems and operations from 1
In an appeal, a benefit review committee confirmed the judge's decision and stated that the ruling of the administrative court" was rational that Boudreaux failed to bear its burden to establish that the October 2013 case worsened. t the underlying knee position given the extensive medical testimony and evidence of the opposite presented at the hearing. "
On its decisive Tuesday, the Appeal Court induced that Boudreaux, in line with the previous judges," lacked credibility because he had not given (doctor) full and accurate medical history. ALJ further motivated that the (one doctor's) opinion had less probative value, because it was based on Boudreaux's self-reporting that his knee symptoms only increased after the 2013 case – a fact confirmed by his medical history. "
Officials of Wilkinson and American Interstate Insurance and lawyers representing both Mr. Boudreaux and the employer and the insurer could not be immediately reached for comment. Lawyer Henry Harvey LeBas, among five attorneys representing the respondents, did not want to comment.