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
composed of Susan M. Chehardy, Fredericka Homberg Wicker, and
Hans J. Liljeberg
AND AFFIRMED AS AMENDED
M. CHEHARDY CHIEF JUDGE.
appeal in this workers' compensation case, claimant seeks
review of the judgment denying her supplemental earnings
benefits. For the following reasons, we affirm.
and Procedural History
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.
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.
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