Lack of Witnesses Doesn't Dry Up Janitor's Push for Benefits

New Orleans, LA (WorkersCompensation.com) – An employer should think carefully before devoting resources to defending a workers’ compensation case on the basis that no one witnessed the accident; employees can often recover even if no one was present.  

That’s what happened in the aftermath of a storm that flooded a New Orleans hotel in Matthews v. Big Easy Janitorial, No. 2022-CA-0164 (La. Ct. App. 08/10/22).  

As a result of the water, housekeeping staff were flooded with service calls. Also, the elevators in the 12-story building were no longer elevating. But they were depressing—at least for one housekeeper working an evening shift who reportedly had to haul her heavy loads of laundry and toiletries up and down staircases for eight hours. 

At one point, according to the housekeeper, she struck her shoulder against a staircase handrail. The housekeeper told a colleague that her shoulder and arm were in pain due to the collision. 

The next day, the housekeeper reported for the morning shift. She promptly advised the head of housekeeping of her injury. She also told her supervisor what had happened.  

Over the next few days, the housekeeper’s pain worsened until she sought treatment in the ER. During the following weeks, she experienced shortness of breath, chest pain, neck pain, back pain, and tingling sensations. She had difficulty walking and had numbness in her lower body. An MRI showed a disc herniation and severe spinal cord compression. Eventually, the employee underwent emergency surgery to address the problems. 

Preexisting Injury 

In arguing the housekeeper wasn’t entitled to workers’ compensation benefits, the janitorial company pointed out that the housekeeper had pre-existing injuries and argued that she that did not suffer a “work” accident. 

The court disagreed. First, it pointed out that, under Louisiana law, a worker may be entitled to benefits if she suffers a workplace injury that worsens an existing injury. An employee may prevail, the court stated, by establishing that the accident aggravated, accelerated, or combined with the existing condition, resulting in disability. 

Unwitnessed Accident 

The court noted that the employer also claimed the housekeeper couldn’t establish that she was injured at work, given that no one witnessed her collision with the handrail. 

The court explained that a claimant may rely on her own testimony that an unwitnessed accident occurred in the course and scope of employment if the claimant shows: 1) no other evidence discredits or casts serious doubt on her version of the incident; and 2) the testimony is corroborated by the circumstances following the alleged incident.  

The court conceded that the housekeeper was alone at the time of the collision. However, it noted that the housekeeper testified regarding the circumstances surrounding the alleged injury and stated that she informed the other hotel employee working that evening of the accident. She also testified that she informed hotel supervisors.  

The court rejected the employer’s contention that her testimony was the only evidence to corroborate the claim. “The record also contains medical reports corroborating her version of events, wherein notations from medical providers indicate that she informed them of the onset of symptoms around the time of the alleged accident,” the court wrote. 

The court held that the trial court was reasonable in holding that the housekeeper suffered a workplace accident.