Brumfield v. ANTHONY TIMBERLANDS, INC.

_JjI agree with that portion of the majority opinion finding occasional grass cutting is not “consistent work” sufficient to preclude an award of PTD; and, therefore, the WCJ erred in holding so in this case.

However, I disagree with the majority’s conclusion that because Mr. Brumfield failed to introduce objective medical evidence he fails to prove his disability by clear and convincing evidence. The opinion references Bailey v. Smelser, 620 So.2d 277 (La.1983); Stoute v. Petroleum Ctr., 980 So.2d 818 (La.App. 3 Cir.2008).

The Plaintiffs and his wife’s testimony established that he is unable…