Iberia Medical Center v. Ward

|¶1 agree with the majority affirmation of the lower courts’ rulings that Ms. Ward proved by a preponderance of the evidence a work-related injury occurred. However, I respectfully dissent from the majority’s reversal of the temporary total disability payments, penalties and attorney fees awarded on the grounds of manifest error.

Disability is a question of fact which can be proven by medical and lay testimony; the Office of Worker’s Compensation hearing officer (OWC) must weigh all the evidence, medical and lay, in order to determine if the claimant has met his burden of proof. Morris v.…