Bercegeay v. Coastal Production Services
Bercegeay v. Coastal Production Services
Opinion of the Court
In this workers’ compensation case, the plaintiff, Everette Bercegeay, alleged that he was injured in a work accident. He sued his employer, Coastal Production Services (Coastal), for benefits. The workers’ compensation judge made a credibility determination based on the testimony of two witnesses who were present at the scene of the alleged accident, but did not work for Coastal. Both witnesses denied that an accident occurred, and disputed Mr. Becegeay’s account of the alleged accident. Based on her credibility determinations, and various significant contradictions throughout the medical record, the workers’ compensation judge found that Mr. Bercegeay did not meet his burden to prove that an accident occurred at work. The claim was dismissed. Mr. Bercegeay appealed.
After a thorough review of the record, we see no manifest or clear error in the findings of the workers’ compensation judge, or legal error in the judgment of ^dismissal. Mr. Bercegeay failed to meet his burden of proof on whether he sustained an employment accident. Therefore, we affirm. The costs of the appeal are assessed to plaintiff, Mr. Bercegeay.
AFFIRMED.
. Coastal answered the appeal. However, the issues raised by Coastal are mooted by this court’s affirmance of the dismissal of plaintiff’s claim.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.