A man who lost sight of an eye in a work accident failed to show that he should be entitled to supplementary benefits, a court of appeal held on Thursday.
I Evans v. Winn Lumber Co. LLC affirmed the Louisiana Court of Appeals, the third district of Lake Charles, a judge's decision that the worker did not show that his loss of vision would affect his ability to pay.
Charles Evans worked as a forklift driver for Winn Lumber Co. While performing tasks on December 19, 2017, he was struck in the left eye by a staple stick that had become stuck in a conveyor belt, which made him functionally blind in that eye.
He filed a claim for workers' compensation and received $ 48,000 for 1
Mr. Evans appealed, claiming that he should be granted the additional benefits. In Louisiana, an injured worker has evidence that workplace injuries led to an inability to pay 90% or more of the average wage before the injury.
The Court of Appeal did not agree and held that even though Evans was functionally blind. in his left eye from the accident, he could not show that this affected his ability to make money. The court found that Evans could continue working as a forklift driver despite his limited vision for two months until he was terminated to sleep at work. As a result, the court held that the fact that his job was no longer available "solely because of his own actions abolishes his right to SEBs." to award him penalties and attorney's fees for the undisputed underpayment of invalidity benefits and awarded him $ 2,000 in penalties and $ 1,000 in attorney's fees.