Adams v. Avondale Shipyards, Inc.

337 So. 2d 655, 1976 La. App. LEXIS 3909
CourtLouisiana Court of Appeal
DecidedSeptember 14, 1976
DocketNo. 7733
StatusPublished
Cited by1 cases

This text of 337 So. 2d 655 (Adams v. Avondale Shipyards, Inc.) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Adams v. Avondale Shipyards, Inc., 337 So. 2d 655, 1976 La. App. LEXIS 3909 (La. Ct. App. 1976).

Opinion

SAMUEL, Judge.

Plaintiff filed this suit against Avondale Shipyards, Inc., seeking workmen’s compensation benefits for total and permanent disability which he asserts he incurred as a result of an accident on May 8, 1973 while employed by defendant at its shipyard in Jefferson Parish, Louisiana. Defendant answered, denying any further liability to plaintiff for workmen’s compensation benefits.1

After a trial on the merits, there was judgment in favor of the defendant, dismissing plaintiff’s claim. Plaintiff has appealed.

The record reveals that on May 8, 1973 plaintiff was employed by defendant as a general laborer at its shipyard. He was working as a switchman at the time of the accident in suit. His duties involved coupling and uncoupling railroad cars, directing the operator of the locomotive, and throwing switches. As he was removing a chock from the wheel of a flatcar, a large piece of equipment fell from the car. Plaintiff claims his head and back were struck by the falling object and he was either knocked unconscious or was comatose from fright. In any event, he testified he heard a loud noise, the genesis of which he was unaware, and found himself lying on the ground a few minutes later. In addition to some injury to the back, he also sustained superficial injuries to his face and a minor injury to his right knee.

Immediately after the accident, he was brought to the first aid station maintained by defendant on its premises and then transported to West Jefferson General Hospital, where he remained for eleven days under the treatment of Dr. Howard A. Nelson, Jr., a general surgeon. Thereafter, he was seen at the Avondale first aid station by Dr. Francis Gidman, also a general surgeon, who examined him three times. Plaintiff was treated by Dr. Thomas S. Whitecloud, III, an orthopedist, from August 1, 1973 to October, 1974, during which interval he was hospitalized at Touro Infirmary at New Orleans. He was examined on four occasions by Dr. Walter Brent and on-three occasions by Dr. Arthur Kleinsch-midt, both orthopedic surgeons. He was seen on one occasion by Dr. Carl F. Culicc-hia, a neurosurgeon, on one occasion by Dr. Jay W. Seastrunk, a psychiatrist, and on one occasion by Dr. Robert A. McFarlain, a psychologist, who administered a Minnesota Multiphasic Personalty Inventory in order to determine the likelihood of successfully tolerating surgery.

Trial of the matter took place on three separate days over the course of a year. The record is quite large and the medical testimony is extensive. The issue presented arises from an apparent conflict between the testimony of Dr. Whitecloud and the testimony of the psychiatrist, Dr. Seas-trunk. The basic factual question for our determination is whether plaintiff has sustained compensable disabling injuries to his lower back as a result of the accident, or whether his inability to perform results from schizophrenia unconnected with the injury.

Dr. Nelson first saw plaintiff at West Jefferson General Hospital on the day of [657]*657the accident. He examined plaintiff on admission and found abrasions of the back. Plaintiff claimed paralysis, but he was able to move all four extremities normally and there was no muscle weakness or neurologic deficit. In addition to the absence of objective findings of injury, plaintiff complained to Dr. Nelson of pain in a different area of his body each day. Dr. Nelson testified his migratory complaints were consistent with a diagnosis of schizophrenia. In addition he stated plaintiff appeared frightened and anxious over his injury and concluded he was suffering from an anxiety reaction in the hospital. At the time of plaintiff’s discharge, Dr. Nelson felt plaintiff was able to return to work.

Dr. Brent and Dr. Kleinschmidt are both orthopedic surgeons. Each examined plaintiff on several occasions, neither reached a finding of degenerative disc disease, neither found positive objective findings, and each concluded plaintiff was able to return to work. Particularly significant is Dr. Kleinschmidt’s comparison of x-rays taken at different times, from which he reached the conclusion there was no radiologic evidence of narrowing of the intervertebral disc space, thereby minimizing the possibility of plaintiff suffering from degenerative disc disease. This testimony largely contradicts that given by Dr. Whitecloud as to this particular finding.

Dr. Gidman found no objective signs of injury and advised plaintiff to return to work. In the examination of May 24,1973, he complained of discomfort in the anterior and posterior chest. On the straight leg raising test, plaintiff complained of pain in the neck and shoulders. Dr. Gidman testified his complaint was not consistent with a 45° elevation of the leg and further explained the straight leg raising test is not designed to elicit complaints in the neck or shoulders. On the basis of the disparity between plaintiff’s subjective complaints and objective test results, Dr. Gidman was of the opinion that plaintiff was not being truthful and also concluded plaintiff attempted to voluntarily limit his normal range of motion.

Dr. Culicchia, a neurosurgeon, examined plaintiff on June 20, 1974. His opinion was based upon the physical examination, a comparison of x-rays taken on June 1, 1973 and April 3, 1974, and the reports from the other physicians. He was of the opinion there was no neurologic disease or injury which accounted for plaintiff’s symptoms. While Dr. Culicchia indicated there was some narrowing between the fourth and fifth cervical vertebrae, the absence of change over a period of a year indicated no progressiveness of that disorder and that it is static. He was of the definite opinion that plaintiff did not have degenerative disc disease arising from the accident for the reason that there was no relationship between plaintiff’s symptoms and the anatomic change indicated by the x-rays. This conclusion was reached because plaintiff had no objective findings, the level of degenerative disc disease necessary to induce plaintiff’s symptoms was not consistent with the distribution of his symptoms, and there was no evidence of a progressive disorder consistent with a degenerative type disease. In short, he testified plaintiff had no neurologic disorders.

Dr. McFarlain, a psychologist at Tulane Medical School, evaluated plaintiff for the sole purpose of determining the probability of his successful recovery from surgery. He testified that the Minnesota Multiphasic Personality Inventory revealed plaintiff was abnormally high on that portion of the test indicating a propensity for hypochondria as well as that portion of the test indicating a propensity for hysteria. Dr. McFarlain did not investigate plaintiff’s condition in order to determine a mental disorder, and he consequently did not give a diagnosis on such disorder. Plaintiff did complain during the interview with him, however, of two hallucinations prior to the date of the accident in suit.

Plaintiff saw Dr. Seastrunk, a psychiatrist, at the request of the defendant. Dr. Seastrunk testified the patient’s complaints arose from a pre-existing condition known as schizophrenia. He testified schizophrenia results from a biochemical brain imba[658]*658lance and cannot be affected by trauma. As a result, the schizophrenia was not affected or aggravated by the accident. He also testified that Triavil, a drug administered by Dr. Whitecloud, was the cause of plaintiff’s complaints of muscle problems in his hands, stiffness in the back of his neck and stiffness in his legs.

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Related

Adams v. Avondale Shipyards, Inc.
341 So. 2d 407 (Supreme Court of Louisiana, 1977)

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Bluebook (online)
337 So. 2d 655, 1976 La. App. LEXIS 3909, Counsel Stack Legal Research, https://law.counselstack.com/opinion/adams-v-avondale-shipyards-inc-lactapp-1976.