Alexander v. Pellerin Marble & Granite

630 So. 2d 706, 1994 La. LEXIS 186, 1994 WL 17218
CourtSupreme Court of Louisiana
DecidedJanuary 14, 1994
Docket93-C-1698
StatusPublished
Cited by293 cases

This text of 630 So. 2d 706 (Alexander v. Pellerin Marble & Granite) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Alexander v. Pellerin Marble & Granite, 630 So. 2d 706, 1994 La. LEXIS 186, 1994 WL 17218 (La. 1994).

Opinion

630 So.2d 706 (1994)

Wilman ALEXANDER
v.
PELLERIN MARBLE & GRANITE.

No. 93-C-1698.

Supreme Court of Louisiana.

January 14, 1994.

*707 Randall S. Iles, Aubrey, Hoffman & Iles, Lafayette, for applicant.

Denis P. Juge, New Orleans, Kelann E. Larguier, Sutherland, Juge, Horack & Dwyer, Metairie, for respondent.

ORTIQUE, Justice.[1]

Wilman Alexander, plaintiff herein, appeals a court of appeal decision, affirming the judgment of a Hearing Officer for District 4 of the State of Louisiana Office of Workers' Compensation. The Hearing Officer denied plaintiff's claim for temporary total disability benefits from April 20, 1990 through January 31, 1991. To this limited extent, the actions of the courts below are in error and must be reversed.

FACTS

Plaintiff is employed by defendant Pellerin Marble & Granite. Plaintiff's job requires that he perform heavy manual labor. On August 22, 1989, plaintiff was injured while cleaning a tomb in a cemetery in New Iberia, Louisiana. As plaintiff and others in his work crew were breaking a double tomb using a sledge hammer and jackhammer, plaintiff lost his balance and as he attempted to prevent himself from falling, he stepped on a piece of concrete. The piece of concrete had a piece of reinforcement wire protruding from it. The wire went through plaintiff's right shoe and into his foot, causing injury.

Subsequent to the accident, Barry Coco, plaintiff's foreman, gave him Epsom Salt and peroxide for soaking his foot until he could see a doctor the next day. Plaintiff's foot was swollen and red, leaving him unable to wear a shoe without cutting the shoe. The next day, a secretary at Pellerin advised plaintiff to see a doctor. Later that day, plaintiff saw Dr. Marelle Yongue in Breaux Bridge; Dr. Yongue gave plaintiff an injection for tetanus and prescribed pain medication. Plaintiff was told to return to work the next week. Plaintiff returned to Dr. Yongue several times complaining of pain and swelling. Eventually, Dr. Yongue referred plaintiff to Dr. Luke Bordelon in Opelousas, an orthopedic surgeon specializing in foot, ankle and knee surgery.

Plaintiff began seeing Dr. Bordelon in October, 1989. At that time, Dr. Bordelon discovered infection in plaintiff's foot, but prescribed no medication; he also noted a healed puncture wound. A radiology report on x-rays taken in September, 1989, indicated that plaintiff suffered from low grade pyarthrosis in the first metatarsal joint.[2] Plaintiff continued to take medication prescribed by Dr. Yongue. Dr. Bordelon prescribed orthopedic shoes which plaintiff wore until the swelling returned. When the swelling returned, plaintiff discontinued wearing the shoes due to his inability to get his right shoe on. Plaintiff complained that his foot was sore underneath and burned. Drs. Yongue and Bordelon ordered a bone scan and x-rays in an attempt to diagnose plaintiff's problem. Plaintiff's bone scan, done in December, 1989, revealed a slight increase in activity at the head of the first metatarsal. A blood test revealed a normal white cell count. Dr. Bordelon noted that the changes in the activity in the head of the first metatarsal might be post traumatic and degenerative *708 in nature. Plaintiff walked with crutches at the time of his visit; however, Dr. Bordelon found that his use of crutches was out of line with the results of his orthopedic exam and laboratory studies.

On April 11, 1990, at the request of State Farm, plaintiff saw Dr. Clifton W. Shepherd, an orthopedic surgeon. Plaintiff advised Dr. Shepherd of the pain he was experiencing and was told to return in two weeks. He was advised to continue attempting to walk on his foot despite persistent symptoms of pain and swelling. Dr. Shepherd characterized plaintiff's limp as one involving mostly upper body movements and indicated that plaintiff spent as much time on his right foot as his left. Dr. Shepherd also noted that following his examination, plaintiff walked without a limp. A physical examination revealed that there was no break in the skin and that plaintiff's foot was not swollen nor was the temperature of his foot above normal. The x-rays ordered by Dr. Shepherd appeared to be normal. Dr. Shepherd released plaintiff to return to work without restrictions on April 26, 1990, finding plaintiff's complaints out of proportion to objective findings.

Dr. Shepherd ordered a Gallium scan of plaintiff's foot in September, 1990. The scan revealed no abnormalities.[3]

Dr. Bordelon reevaluated plaintiff on April 2, 1990, finding slight tenderness beneath the first metatarsal, but found no other abnormalities. Plaintiff's right and left feet, ankles and calves were equal in measurement. X-rays showed no abnormality other than a small spur of the sesamoid.[4] Dr. Bordelon observed that plaintiff's restriction of motion upon ambulation was not consistent with his physical findings. From an orthopedic standpoint, Bordelon found no evidence of a physical impairment.

Plaintiff was paid Temporary Total Disability benefits from August 22, 1989 through April 20, 1990. As a result of Dr. Shepherd's opinion that plaintiff could return to work without restrictions, State Farm, Pellerin's workers' compensation carrier, discontinued compensation payments.

In May, 1990, plaintiff saw Dr. Ken McCarron, an internist, complaining of pain. Dr. McCarron reviewed the results of previous tests and determined that the bone scans showed abnormal activity and recommended that plaintiff allow someone to go inside his foot. In August, 1990, Dr. McCarron ordered an MRI of plaintiff's foot, which showed no abnormalities. When plaintiff saw Dr. McCarron in September, 1990, Dr. McCarron noted that his right foot was swollen but found no pus or redness. No pain medication was prescribed; as a result, plaintiff saw Dr. Weinstein in Arnaudville who prescribed pain medication, which only temporarily relieved his pain.

Plaintiff was seen in the Emergency Room of University Medical Center on October 9, 1990, complaining of pain and swelling in his right foot whenever he attempted to wear a shoe. According to his medical records, plaintiff indicated that he had stuck a wire in his foot a few weeks before this visit. On the same day, it appears that plaintiff told a nurse that he had stuck a wire in his right foot a few months before. Dr. Joseph N. Abraham examined plaintiff and found a small discolored area on the bottom of plaintiff's right foot at the base of his great toe. Plaintiff also complained of leg pain. Dr. Abraham diagnosed plaintiff as having a foreign body in his foot. After administering a local anesthetic, Dr. Abraham removed a piece of rusted wire from plaintiff's foot.

Subsequent to the removal of the rusted piece of wire from plaintiff's foot, plaintiff returned to the University Medical Center Emergency Room on October 24, 1990, *709 where he was seen by Dr. C. Prejean. Plaintiff complained of pain in his right lower leg, of several months' duration. Plaintiff told Dr. Prejean about the previous puncture wound. An x-ray revealed that no foreign body was present in plaintiff's foot at that time. Dr. Prejean removed some skin from the area under plaintiff's great toe and discharged him.

In response to State Farm's termination of plaintiff's workers' compensation benefits, plaintiff filed a claim for workers' compensation with the Office of Workers' Compensation for District 4 and trial of the claim was set for September 12, 1990; however, trial did not actually begin until January 3, 1991.

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Cite This Page — Counsel Stack

Bluebook (online)
630 So. 2d 706, 1994 La. LEXIS 186, 1994 WL 17218, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alexander-v-pellerin-marble-granite-la-1994.