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Frazier v. Covenant Services Worldwide & ESIS

Court of Appeals of Louisiana, Fifth Circuit

May 31, 2017

BONNIE SIMON FRAZIER
v.
COVENANT SERVICES WORLDWIDE & ESIS

         ON APPEAL FROM THE OFFICE OF WORKERS' COMPENSATION, DISTRICT 9 STATE OF LOUISIANA NO. 14-6678 HONORABLE ELIZABETH C. LANIER, JUDGE PRESIDING

          COUNSEL FOR PLAINTIFF/APPELLANT, BONNIE SIMON FRAZIER Daniel J. Frazier, Jr.

          COUNSEL FOR DEFENDANT/APPELLEE, COVENANT SERVICES WORLDWIDE & ESIS Leslie E. Hodge, Kelly F. Walsh, Joann T. Hymel

          Panel composed of Susan M. Chehardy, Fredericka Homberg Wicker, and Hans J. Liljeberg

         AMENDED AND AFFIRMED AS AMENDED

         SMC

         FHW

         HJL

          SUSAN M. CHEHARDY CHIEF JUDGE.

         On appeal in this workers' compensation case, claimant seeks review of the judgment denying her supplemental earnings benefits. For the following reasons, we affirm.

         Facts and Procedural History

         On January 12, 2010, claimant, Bonnie Frazier, was injured during a training exercise while in the course and scope of her employment as a security guard for Covenant Services Worldwide ("Covenant"). As a result of the incident, Ms. Frazier suffered a rotator cuff tear in her right shoulder. By October of 2012, Ms. Frazier had undergone three surgeries on her right shoulder. Covenant paid indemnity benefits and medical benefits for treatment associated with the injury.

         On July 17, 2013, Ms. Frazier's treating orthopedist, Dr. Felix Savoie, examined her, found that she had reached maximum medical improvement, and released her from his care "at MMI with 10% PPI." Dr. Savoie noted that Ms. Frazier had permanent restrictions against lifting over five pounds above her head; against lifting more than 20 pounds from her waist to her shoulder; and from carrying more than 30 pounds. That day, Dr. Savoie also approved a Security Officer position that Covenant was offering to Ms. Frazier.

         On September 23, 2013, Ms. Frazier accepted the Security Officer position, which commenced on October 1, 2013. The job description entailed "driving a car, truck, or other equipment" and "periodic running to respond to emergency situations." Ms. Frazier underwent training for ...


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