Bradley v. ConAgra Poultry Co.

843 So. 2d 1255, 2003 La.App. 3 Cir. 0023, 2003 La. App. LEXIS 1225, 2003 WL 1984322
CourtLouisiana Court of Appeal
DecidedApril 30, 2003
Docket03-0023
StatusPublished
Cited by6 cases

This text of 843 So. 2d 1255 (Bradley v. ConAgra Poultry 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
Bradley v. ConAgra Poultry Co., 843 So. 2d 1255, 2003 La.App. 3 Cir. 0023, 2003 La. App. LEXIS 1225, 2003 WL 1984322 (La. Ct. App. 2003).

Opinion

843 So.2d 1255 (2003)

Easter A. BRADLEY
v.
ConAGRA POULTRY COMPANY.

No. 03-0023.

Court of Appeal of Louisiana, Third Circuit.

April 30, 2003.

*1256 George A. Flournoy, Flournoy & Doggett, Alexandria, LA, for Plaintiff/Appellee, Easter A. Bradley.

John B. Saye Hayes, Harkey, Smith & Cascio, L.L.P., Monroe, LA, for Defendant/Appellant, ConAgra Poultry Company.

Court composed of Chief Judge NED E. DOUCET, JR., JOHN D. SAUNDERS, and JIMMIE C. PETERS, Judges.

PETERS, J.

In this workers' compensation case, ConAgra Poultry Company appeals a judgment in favor of its former employee, Easter Bradley. For the following reasons, we affirm the judgment of the workers' compensation judge (WCJ) in all respects.

DISCUSSION OF THE RECORD

Easter Bradley began employment with ConAgra Poultry Company (ConAgra) in October of 1997. While employed with ConAgra, Ms. Bradley's job duties included cutting and bagging poultry. Ms. Bradley testified that she began noticing problems with her hands over a year after she began employment and that she notified the ConAgra nurse, in accordance with company policy. According to Ms. Bradley, while using scissors in "breast deboning," her left hand "got stuck" and went numb. She continued to have problems with her left hand, and ultimately her right hand as well, and continued to bring the matter to the attention of the company nurse. The nursing treatment consisted of the administration of hot pads and ibuprofen as well as the temporary transfer of Ms. Bradley to light duty.

Finally, on December 11, 2000, ConAgra filed an injury report. Additionally, ConAgra sent Ms. Bradley to Dr. James D. Knecht, apparently a Natchitoches, Louisiana physician, who initially examined Ms. Bradley on December 14, 2000. Dr. Knecht diagnosed her as having bilateral shoulder rotator cuff tendinitis, elbow epicondylitis, and bilateral wrist tendinitis. He prescribed medication and splints and restricted Ms. Bradley's work activities. *1257 Thereafter, Dr. Knecht referred Ms. Bradley for an orthopedic evaluation.

On January 9, 2001, Ms. Bradley saw Dr. Geoffrey James Collins, a Natchitoches, Louisiana orthopedist. An EMG nerve conduction study performed at the request of Dr. Collins indicated that Ms. Bradley had severe bilateral carpal tunnel syndrome, worse on the left than the right. Dr. Collins recommended carpal tunnel release surgery, but only on Ms. Bradley's left side.

In the meantime, Ms. Bradley returned to work with ConAgra, performing light-duty scanning. On February 5, 2001, ConAgra laid Ms. Bradley off of her job, telling her that "they didn't need [her] anymore."

On March 14, 2001, Dr. Collins performed left side carpal tunnel release surgery on Ms. Bradley. A week later, ConAgra instituted weekly indemnity benefits. On April 6, 2001, Dr. Collins released Ms. Bradley to work duties that did not involve the use of the left arm, and on April 27, 2001, he cleared her for light-duty work.

Ms. Bradley continued seeing Dr. Collins, who questioned whether she was "responding appropriately" because "she seemed to be progressing very slowly with complaints of continued pain and numbness that were over and above what we normally expect from this surgery." Because of these continuing complaints, Dr. Collins recommended Ms. Bradley undergo a second EMG nerve conduction study. This test indicated that Ms. Bradley had bilateral median nerve neuropathies at the wrists, with the left wrist being considered moderate with focal demyelination and minimal axonal involvement and the right wrist being considered very mild with no evidence of axonal involvement. Although the EMG results were somewhat abnormal, Dr. Collins was of the opinion that the results were normal following a carpal tunnel release. As of July 17, 2001, he released her to return to work with no restrictions. In doing so, he expressed his concern that Ms. Bradley's continued complaints could be connected with secondary gain. After Dr. Collins responded to an August 9, 2001 inquiry from ConAgra that Ms. Bradley had reached maximum medical improvement and that she did not have any permanent impairment as a result of her injury, ConAgra terminated Ms. Bradley's indemnity benefits effective August 13, 2001.

Subsequently, Ms. Bradley's attorney referred her to Dr. Baer I. Rambach, a Shreveport, Louisiana orthopedist, who first saw her on September 13, 2001. Dr. Rambach reported that his examination revealed localized tenderness and diminished sensation in the left hand as well as diminished sensation in the right hand.

Dr. Rambach next saw Ms. Bradley on December 3, 2001, at which time he reported a positive Phalen test and percussion test on the left hand. Based on his findings, Dr. Rambach restricted Ms. Bradley from work activities and referred her to Dr. Sigurd C. Sandzen, Jr., a Shreveport, Louisiana orthopedic surgeon who specializes in hand surgery.

Dr. Sandzen saw Ms. Bradley on December 12, 2001. He also reported positive findings on examination, and he requested an additional EMG nerve conduction study. ConAgra did not authorize this testing, nor did it pay for treatment by Dr. Rambach or Dr. Sandzen. Notwithstanding ConAgra's refusal to pay for the medical test, on August 8, 2002, on referral from Dr. Sandzen, Ms. Bradley underwent the EMG nerve conduction study. This study revealed moderate residual left median neuropathy at the carpal tunnel *1258 and mild carpal tunnel syndrome on the right.

Ms. Bradley filed the instant claim for indemnity and medical benefits, mileage reimbursement, penalties and attorney fees. At the August 30, 2002 trial, Ms. Bradley testified that she was still experiencing pain in her left hand, wrist, and forearm and that the fingers on her right hand hurt and her hand was numb. She also testified that she was attending vocational technical school, for which she received $20.00 as a nontaxable stipend to offset the cost of transportation and supplies. Additionally, she testified that she received income for babysitting in July and August of 2002.

Upon the completion of evidence, the WCJ rendered judgment in favor of Ms. Bradley, awarding, in part, the following: (1) supplemental earnings benefits beginning August 14, 2001, (2) attorney fees in the amount of $7,000.00 for the discontinuance of indemnity benefits, (3) penalties of $250.00 and attorney fees of $750.00 for failure to provide a medical report, (4) penalties of $2,000.00 each for the failure to authorize treatment with Dr. Rambach and Dr. Sandzen and the failure to authorize the EMG nerve conduction study requested by Dr. Sandzen, and (5) attorney fees of $10,000.00 for the failure to authorize the treatment and testing. ConAgra timely perfected this appeal.

OPINION

On appeal, ConAgra contends that the WCJ erred in determining that Ms. Bradley proved she suffered an occupational disease. Further, ConAgra contends that, in any event, the WCJ erred in finding that Ms. Bradley proved that she is disabled as a result of any such disease.

Louisiana Revised Statute 23:1031.1 provides in part:

A. Every employee who is disabled because of the contraction of an occupational disease as herein defined ... shall be entitled to the compensation provided in this Chapter the same as if said employee received personal injury by accident arising out of and in the course of his employment.
B.

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Bluebook (online)
843 So. 2d 1255, 2003 La.App. 3 Cir. 0023, 2003 La. App. LEXIS 1225, 2003 WL 1984322, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bradley-v-conagra-poultry-co-lactapp-2003.