Allen v. Misco Paper

660 So. 2d 175, 1995 La. App. LEXIS 2316, 1995 WL 497605
CourtLouisiana Court of Appeal
DecidedAugust 23, 1995
Docket27,146-CA
StatusPublished
Cited by18 cases

This text of 660 So. 2d 175 (Allen v. Misco Paper) 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
Allen v. Misco Paper, 660 So. 2d 175, 1995 La. App. LEXIS 2316, 1995 WL 497605 (La. Ct. App. 1995).

Opinion

660 So.2d 175 (1995)

Charlie ALLEN, Plaintiff-Appellant,
v.
MISCO PAPER, Defendant-Appellee.

No. 27,146-CA.

Court of Appeal of Louisiana, Second Circuit.

August 23, 1995.

*177 Sir Clyde Lain, II, Monroe, for appellant.

Phillip D. Myers, Theus, Grisham, Davis & Leigh, Monroe, for appellee.

Before MARVIN, BROWN and WILLIAMS, JJ.

WILLIAMS, Judge.

The claimant, Charlie Allen, appeals a judgment rejecting his worker's compensation claim for temporary total disability benefits, medical expenses, penalties, and attorneys fees. Questioning the credibility of the claimant and a medical witness, the worker's compensation hearing officer ("WCHO") concluded that the medical evidence did not support Allen's contentions. On appeal, Allen argues that the judgment is contrary to the law and evidence and maintains that he offered sufficient evidence to prove a causal connection between his work related accident and his injury. Allen asserts that the WCHO erred in denying the relief sought. We reverse the judgment.

FACTS

Charlie Allen, a baler operator employed by Misco Paper Company ("Misco"), testified that he was injured on the afternoon of June 17, 1993, while working the 7:00 a.m. to 3:00 p.m. shift. He stated that he was carrying baling supplies when he slipped and fell. He struck his knee on the baler and his hand on the floor. Allen reported his fall to Travis Parker, supervisor, and Lester Acton, plant foreman, and filled out an accident report in which he stated he injured his right knee, lower back and left hand.

After the shift ended, another employee took Allen to Monroe Medical Clinic where he was placed in a treatment room, but was never seen by a doctor. The claimant stated that Kenneth Allen, the plant manager, came to the clinic and informed him that the insurer was going to drop coverage if employees continued having accidents. When the claimant told Kenneth Allen that he had been waiting over two hours, the manager indicated he would go talk to the doctor. Allen testified that after waiting a while longer, he obtained a note that he had been at the clinic and went to Saint Francis Medical Center *178 where an emergency room physician diagnosed a fractured left hand.

On the referral of the emergency room physician, the following day Allen went to The Orthopaedic Clinic of Monroe; however, he was not treated because his insurance coverage was not verified. Subsequently, Allen received treatment at Saint Francis Medical Center and at E.A. Conway Memorial Hospital. Thereafter, he sought treatment from Dr. Norris at the Glenwood Family Practice Clinic. Therapy there was discontinued because insurance coverage was not assured.

The testimony of Allen's co-workers supported his account of the accident. Clarence E. Rice testified that he saw Allen getting up from the floor near his baler. Although Rice did not talk with Allen, Rice heard Allen state he had hurt his hand and saw Allen holding his hand. Charles Ray Wilhite testified that he saw Allen fall and heard him complain about his hand when he got up. Wilhite stated that Allen was trying to brace himself. Wilhite testified that he thought the injury was to the right hand, but that he did not know. Michael Wayne Wade testified that he saw Allen entering the foreman's office limping and holding his hand. Wade thought the left hand was injured, but was uncertain. Wade saw Allen inform the plant foreman that he was hurt. Wade also testified that Allen told him, Wade, that he slipped, fell and hurt himself.

In contrast to the claimant's account, William Gary Maroney, plant superintendent, testified that, approximately twenty to thirty minutes after the accident, Allen reported that he bumped his knee, but did not refer to his hand or back. Travis Parker, the claimant's supervisor, stated that Allen reported he had hit his knee on the baler, but did not mention his back or hand. Parker did not hear about a hand injury until the next morning.

The testimony of the plant manager, Kenneth Allen, corroborates much of the testimony of Charlie Allen, the claimant. Kenneth Allen stated that he went to the Monroe Medical Clinic when he learned of Allen's injury. He testified that the claimant told him that he struck his knee and hurt his hand. The manager further testified that when Allen told him that he had been waiting two hours, the manager stated that he would find Dr. Jeffery and ask that he please see the claimant. About fifteen minutes later, the claimant came out of the treatment room, was very angry, and stated he was going to another hospital. Allen testified that he and the claimant did not have a conversation with Dr. Jeffery as Dr. Jeffery contended. The employer's report prepared by Allen on June 18, 1993, stated that the claimant injured his left knee while opening the door on the baler machine. The employer's report does not mention the claimant's left hand. Allen testified, however, that the employee's accident report, completed by the claimant on June 17, 1993, states that the "left hand" was injured and that the claimant had told him on the day of the accident that his hand was hurt.

In deposition, Dr. James C. Jeffery stated that he briefly examined the claimant at the Monroe Medical Clinic on June 17, 1993, but did not take x-rays. He testified that he determined without the aid of x-rays that Allen did not have a fractured hand. According to Dr. Jeffery, Allen informed him that he had used his hand to break a fall at work. The doctor stated that he called Kenneth Allen to notify him that the claimant was at the clinic. In contrast to both the manager's and the claimant's accounts, the doctor testified that both he and the manager went into the room to question the claimant, at which point the claimant became angry. He further testified that the claimant left the clinic at about 3:30 p.m. on that date. Dr. Jeffery opined that Charlie Allen's hand was broken after he left the clinic and before he went to the emergency room at Saint Francis Medical Center. Dr. Jeffery testified that there were "quite a few hours" between the time Allen left the Monroe Medical Clinic and the time he presented at the Saint Francis Medical Center. Contradicting the doctor's version is the note Charlie Allen obtained from the Monroe Medical Clinic which showed he arrived at approximately 3:30 and left at 5:20 p.m. on June 17, 1993. In addition, the Saint Francis Medical Center records, which were introduced into evidence, *179 indicate that Allen was initially seen at 5:45 p.m., some twenty-five minutes after he left the Monroe Medical Clinic.

Dr. Randy Sussmane-Stubbs testified that he saw the claimant at the Saint Francis Medical Center emergency room on the evening of June 17, 1993. He stated that Allen informed him that he fell at work while carrying a roll of wire, striking his right knee on the baler and his left hand on the concrete floor. X-rays revealed fractures of the second and third metacarpals. Dr. Stubbs splinted the hand, gave Allen pain medication and referred him to an orthopaedist. He opined that the injury was not consistent with the claimant's hand having struck a flat floor as he would have expected more damage to the second digit or the base of the second digit from that type of fall.

Asserting that the employer's compensation insurer agreed to cover his back and knee injuries but not his injured hand, Allen filed a claim against Misco and its worker's compensation insurer, Liberty Mutual Insurance Company.

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Bluebook (online)
660 So. 2d 175, 1995 La. App. LEXIS 2316, 1995 WL 497605, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allen-v-misco-paper-lactapp-1995.