Bowden v. Riggs Drilling Co.

104 So. 2d 218, 1958 La. App. LEXIS 603
CourtLouisiana Court of Appeal
DecidedJune 20, 1958
DocketNo. 8853
StatusPublished
Cited by1 cases

This text of 104 So. 2d 218 (Bowden v. Riggs Drilling Co.) 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
Bowden v. Riggs Drilling Co., 104 So. 2d 218, 1958 La. App. LEXIS 603 (La. Ct. App. 1958).

Opinion

HARDY, Judge.

This is a compensation claim for total, permanent disability allegedly sustained by plaintiff as the result of an accident while in the performance of the duties of his employment. From a judgment in favor of plaintiff the defendant employer and its insurer have appealed.

Plaintiff’s petition alleged that on or about March 7 or 8, 1956, while performing his duties as a driller in the employ of Riggs Drilling Company, the drum clutch of the drilling rig flew out of gear, causing the clutch and brake lever to strike plaintiff violently in the area of the pubis and knocking him off the floor of the derrick against one of the concrete supporting pillars. Plaintiff claims that as the result of this accident he sustained an injury to the [219]*219lower part of the abdomen and to his back in the region of the coccyx, leaving a condition which has been diagnosed as traumatic arthritis of the coccyx and traumatic coc-cygodynia, which condition has totally and permanently disabled him from the performance of work of the same or a similar nature to that in which he was engaged at the time of the injury.

There can he no question as to the occurrence of the accident and, undoubtedly, plaintiff sustained a terrific blow and a violent fall. The sole and purely factual issue presented on this appeal relates to the causal relationship between the accident and plaintiff’s subsequent disability.

The record before us contains the testimony, or the reports admitted in evidence, by agreement, in lieu of testimony, of nine medical experts who made examinations of plaintiff and, in some instances, administered treatment during the period of time following the accident in March, 1956, and trial of this suit in October, 1957. In addition, substantial testimony by a number of lay witnesses bearing upon plaintiff’s disability to perform manual labor was introduced on trial in behalf of plaintiff.

At the outset it is pertinent to note that, following the occurrence of the accident, plaintiff continued his work as a driller in the employ of the defendant, Riggs Drilling ■Company, until completion of the operation •at the site of the accident, and, thereafter, plaintiff worked as a driller for another drilling company until sometime in December, 1956, since which date it is contended he has been totally disabled. This suit was filed on February 28, 1957, only slightly less than one year following the accident.

A chronological account of plaintiff’s physical examinations and treatments is as follows:

1.On May 18, 1956, plaintiff was examined and admitted to treatment for hemato-spermia by Dr. E. C. St. Martin, of Shreveport, a specialist in urology; was re-examined on or about May 21st and again on June 20th, and, during this period, was under treatment by Dr. St. Martin.

2. On June 22, 1956, plaintiff was examined and treatment was begun by Dr. R. K. Womack, of Shreveport, a specialist in urology, the complaint being a recurrent urethral discharge, accompanied by back and leg ache, and' plaintiff was treated by this doctor on about 20 occasions up to the date of December 13, 1956.

3. On August 28, 1956, by referral from Dr. Womack, plaintiff was examined by Dr. Gene D. Caldwell, of Shreveport, a specialist in orthopedic surgery, on a complaint of pain in the sacrum and coccyx.

4. On December 27, 1956, plaintiff was admitted to the L’Herrison Clinic & Hospital in Coushatta on a complaint of pain in the region of the coccyx and the low abdomen, where he was hospitalized for five days, later returning for a day or two for treatment. Thereafter, treatment by this doctor seems to have continued intermittently until sometime in April, 1957.

5. On January 7, 1957, plaintiff was examined by Dr. Ford J. Macpherson, of Shreveport, a specialist in orthopedic surgery, at the request of his counsel.

' 6. On March 11, 1957, plaintiff was examined by Dr. C. H. Hatchette, of Lake Charles, a specialist in orthopedic surgery, at the request of his counsel.

7. At some time prior to June 29, 1957, plaintiff was examined by Dr. W. M. Causey of Columbia, at the request of plaintiff’s counsel.

8. On June 19, 1957, plaintiff was examined by Dr. T. L. Young, of Shreveport, a specialist in neurology and psychiatry, at the request of plaintiff’s counsel.

9. On July 3, 1957, plaintiff was examined by Dr. A. Scott Hamilton of Monroe, a specialist in orthopedic surgery, at the request of plaintiff’s counsel.

In addition to the above incidents plaintiff appears to have been examined at some [220]*220time during the first three or four months of 1957 by doctors at the Veterans’ Administration Center in Shreveport, following which examination he was refused admission to this facility, but the record does not contain any testimony by these unidentified medical experts, nor does it contain the testimony of Dr. Richard L. Langford, who seems to have been responsible for referring plaintiff to Dr. St. Martin for examination and treatment.

We think it is important to observe that plaintiff’s first medical consultations were undertaken of his own volition and both the complaints and the treatment solicited and administered on these occasions related exclusively to genito-urinary disturbances. It appears that the first diagnosis of coccy-godynia was made by Dr. L’Herrison in late December, 1956, more than nine months after the occurrence of the accident, although Dr. Caldwell’s opinion, as the result of his examination in September, 1956, was that plaintiff appeared to be suffering “subjectively” from coccygodynia. Dr. Hamilton, upon the basis of his examination in July, 1957, reached the conclusion that plaintiff was suffering from coccygodynia. No diagnosis of coccygodynia was made by Drs. Macpherson or Hatchette, who were the only other orthopedic specialists to make an examination of plaintiff.

Before proceeding to a summarization of the findings of the medical experts it is pertinent to call attention to some of the factual circumstances reflected in the several medical histories related by plaintiff to his various attending or examining physicians.

According to the testimony of Dr. St. Martin plaintiff was referred to him by Dr. Richard Langford- — -“for investigation of the complaint of hematospermia, which had been noticed on two occasions.” — ; plaintiff gave a history of an injury in January, 1956, while working on an oil rig, but the witness acknowledged that because of plaintiff’s illness and nervousness at the time the date could have been inaccurate and, further, the witness testified that plaintiff’s primary concern was not related to the accident. The following question by plaintiff’s counsel on cross-examination and the witness’ answer indicates that the accident was incidental to the purpose for which plaintiff was seeking treatment:

“Q. He wasn’t trying to make an accident case out of this at that time, was he? A. No.”

Dr. St. Martin testified that plaintiff related a history of Neisserian infection (gonorrhea) in 1944.

Dr. Womack testified that plaintiff made no mention of any accident or injury until October 15th, at which time he related a history of an accidental injury; that plaintiff also gave a history of gonorrheal infection which occurred in 1947.

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150 So. 2d 349 (Louisiana Court of Appeal, 1963)

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Bluebook (online)
104 So. 2d 218, 1958 La. App. LEXIS 603, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bowden-v-riggs-drilling-co-lactapp-1958.