Appeals court rejects waitress’ multiple body parts ‘bump’ injury

A waitress failed to prove that her bumping into a table led to a multitude of injuries, including affecting her post-traumatic stress disorder, an appeals court in Louisiana ruled Wednesday.

The woman was working at Chuy’s Tex-Mex restaurant in 2016 when a busboy carrying a tray full of dishes came through and pushed her against a table, causing her, as she reported in her workers compensation Disputed Claim for Compensation form, injuries to her “right hip, right shoulder, right elbow, right leg, right groin, and lumbar spine” that she had not been compensated nor treated for, according to documents in No. 19-755, filed in the Court of Appeals Louisiana, Third Circuit, in Lake Charles, Louisiana.

She later amended her form to include “exasperation of PTSD,” according to documents.

The restaurant chain Chuy’s Opco Inc. disputed her complaint, denying that she had not been treated — the restaurant acknowledging for the record an injury to her right elbow — and that she had been paid indemnity for several months.

A workers compensation judge ruled in favor of the restaurant, dismissing the claim, following the observations at trial: “(t)he Court heard the testimony of (the woman) and in assessing the testimony of (the woman) the Court observed her gestures, her tone of voice responses or reaction to questions and her overall demeanor. The Court makes a specific finding that (her) testimony was not credible. Considering the law and the evidence the Court finds that the defendant provided all reasonable and necessary treatment in accordance with Louisiana (law), and no further indemnity benefits are due.”

The woman requested a new hearing and was denied.

On further appeal, the court affirmed, finding that the workers compensation judge did not fail in its assessment of the woman’s claims. “Our reading of the WCJ's January 29, 2019 oral ruling convinces this court that he thoroughly reviewed the entirety of the evidence submitted by the parties before rendering judgment. …we find no manifest error in the WCJ's dismissal of the claims,” the ruling states.