Brasseaux v. Abbeville General Hosp.

710 So. 2d 340, 97 La.App. 3 Cir. 1062, 1998 La. App. LEXIS 559, 1998 WL 117264
CourtLouisiana Court of Appeal
DecidedMarch 18, 1998
Docket97-1062
StatusPublished
Cited by9 cases

This text of 710 So. 2d 340 (Brasseaux v. Abbeville General Hosp.) 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
Brasseaux v. Abbeville General Hosp., 710 So. 2d 340, 97 La.App. 3 Cir. 1062, 1998 La. App. LEXIS 559, 1998 WL 117264 (La. Ct. App. 1998).

Opinion

710 So.2d 340 (1998)

Charlene BRASSEAUX, Plaintiff-Appellant,
v.
ABBEVILLE GENERAL HOSPITAL, Defendant-Appellee.

No. 97-1062.

Court of Appeal of Louisiana, Third Circuit.

March 18, 1998.

*341 Lawrence N. Curtis, Lafayette, for Charlene Brasseaux.

Katherine Marie Loos, Lafayette, for Abbeville General Hospital.

Before SAUNDERS, SULLIVAN and GREMILLION, JJ.

GREMILLION, Judge.

The sole issue of this appeal is whether or not the workers' compensation judge erred in finding that a recommended procedure was not a reasonable and necessary treatment for the plaintiff, Charlene Brasseaux. For the following reasons, we reverse and award Brasseaux penalties and attorney's fees.

FACTS

Brasseaux, a DRG coding analyst for Abbeville General Hospital, was injured on May 24, 1993, when she slipped and fell in a hallway of the hospital. X-rays taken of the sacrum and coccyx revealed a displacement of the distal coccygeal segments, which the radiologist felt might or might not be related to acute trauma. Over a period of four years, Brasseaux was treated or examined by seven doctors. Due to her continued complaints of pain in the area of her right sacroiliac joint and right lower extremity, Brasseaux's treating physician, Dr. Paul Hubbell, recommended a trial of spinal cord stimulation to block the pain signal to her brain. Authorization for this treatment was denied by Hospital Services of Louisiana, Inc. (HSLI), Abbeville General's workers' compensation carrier, on April 11, 1994.

On August 29, 1994, Brasseaux filed a disputed claim for compensation against Abbeville General alleging that she was not receiving the recommended medical treatment. Abbeville General and HSLI answered denying her claim, and HSLI filed a request for an independent medical examination. This request was denied by the Office of Workers' Compensation. On January 5, 1996, Abbeville General filed a motion to compel Brasseaux to undergo medical treatment recommended by Dr. Kevin Gorin, or in the alternative, to compel her to submit to a medical examination by Dr. Gerald Nickerson of Lafayette.

Brasseaux amended her disputed claim for compensation on January 31, 1996, alleging HSLI had refused to pay for/and or reimburse her for items prescribed by her treating physician, and it was arbitrary and capricious in failing to pay medical benefits on her behalf. Abbeville General denied these allegations.

In a decision on the motion to compel, rendered on April 10, 1996, the workers' compensation judge ordered an independent medical examination of Brasseaux to be conducted by Dr. James Lafleur, an orthopedic surgeon. In her order, the workers' compensation judge asked Dr. Lafleur to address the reasonableness and necessity of, among other things, a spinal cord stimulator.

Brasseaux was examined by Dr. Lafleur on April 23, 1996. During the examination, he noted that she complained of tenderness to palpation of the right sacroiliac joint, had *342 limited range of motion, and no spasm. She complained of decreased sensation to pinprick on the right thigh anterior aspect, as well as the right leg lateral aspect. The straight leg raising test was positive for low back pain on the right, but Brasseaux said that her back pain was worse when both her hip and her knee were flexed. Dr. Lafleur noted that this was an inconsistent response. He reviewed a lumbar spine series, which was within normal limits, and a sacrum and coccyx view, which revealed some displacement of the distal coccygeal segment, but no acute findings. Dr. Lafleur also reviewed a bone scan, an MRI of the lumbar spine, a lumbar myelogram, and a post-myelographic CT scan, all of which were within normal limits. After reviewing these tests, as well as dictations from nine different doctors,[1] Dr. Lafleur's impression was that Brasseaux was suffering from low back complaints. He felt that she showed no objective signs of nerve root impingement and no sign of disc herniation. Since she complained of pain in her right sacroiliac joint, he ordered a pelvis x-ray, but could find no sacroiliac joint arthrosis. Since she already had an unsuccessful cortisone injection into the sacroiliac joint, he was unsure of any treatment that was available for her. If she had received relief with therapy directed towards her sacroiliac joint, then he felt that this indicated the source of her complaints. Upon receipt of this report, the workers' compensation judge denied Abbeville General's motion to compel.

The issue sub judice was submitted to the workers' compensation judge through medical records and depositions. On June 16, 1997, she issued oral reasons in favor of Abbeville General that the trial implantation of the spinal cord stimulator was not a reasonable and necessary medical treatment. She further held that Abbeville General was not arbitrary and capricious for failing to authorize the procedure, thus, she did not award penalties and attorney's fees. A judgment was signed on June 18, 1997. This appeal followed.

ISSUES

Brasseaux assigns five errors on appeal. Since we find merit in her third assignment of error, that the workers' compensation judge erred in relying on the opinion of an expert, which, by his own admission, was outside of his field of expertise, we will conduct a de novo review of the record. The only other assignment of error that is pertinent to our discussion is whether the workers' compensation judge erred in denying Brasseaux's claim for penalties and attorney's fees.

LAW AND DISCUSSION

Pursuant to La.R.S. 23:1203(A), an employer shall "furnish all necessary drugs, supplies, hospital care and services, medical and surgical treatment, and any nonmedical treatment recognized by the laws of this state as legal...." This includes treatment that is necessary to relieve the employee of pain which she suffers as a result of her disability. Gourdon v. Rockwood Ins. Co., 368 So.2d 1156 (La.App. 3 Cir.1979); Barry v. Western Elec. Co., Inc., 485 So.2d 83 (La. App. 2 Cir.), writ denied, 487 So.2d 441 (La.1986). To establish a claim for medical benefits, an employee must show, to a reasonable certainty and by a preponderance of the evidence, that the benefit is occasioned by the work-related accident and is necessary. Alleman v. Fruit of the Loom-Crowley, 96-1246 (La.App. 3 Cir. 3/5/97); 692 So.2d 485. The only issue at bar is whether the recommended medical treatment is necessary.

A finding of whether a particular medical treatment is necessary is a factual determination which will not be reversed in the absence of manifest error, or unless it is clearly wrong. Freeman v. Poulan/Weed Eater, 93-1530 (La.1/14/94); 630 So.2d 733; Alleman, 692 So.2d 485. The question on review is not whether the trier of fact was right or wrong but whether the factfinder's conclusion was reasonable, in light of the entire record. Freeman, 630 So.2d 733. Even though a reviewing court may feel that it would have decided the case differently, reasonable evaluations of credibility and reasonable inferences of fact will not be disturbed *343 upon review if conflict exists in the testimony. Stobart v. State, Through DOTD, 617 So.2d 880 (La.1993). This standard of review applies even when the evidence before the workers' compensation judge consists solely of written reports, records, and depositions. Alexander v. Pellerin Marble & Granite, 93-1698 (La.1/14/94); 630 So.2d 706.

Pursuant to La.R.S.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Moore v. Pitt Grill
871 So. 2d 1128 (Louisiana Court of Appeal, 2004)
Sheralon F. Moore v. Pitt Grill
Louisiana Court of Appeal, 2004
Mosley v. Pennzoil Quaker State
850 So. 2d 1100 (Louisiana Court of Appeal, 2003)
Warren v. Maddox Hauling
832 So. 2d 1082 (Louisiana Court of Appeal, 2002)
Fabre v. ICF Kaiser Intern.
835 So. 2d 724 (Louisiana Court of Appeal, 2002)
Jennings American Legion Hosp. v. Daigle
801 So. 2d 550 (Louisiana Court of Appeal, 2001)
Thibodeaux v. Sunland Const.
782 So. 2d 1203 (Louisiana Court of Appeal, 2001)
Charles v. Universal Services, Inc.
773 So. 2d 771 (Louisiana Court of Appeal, 2000)
City of Jennings Police Department v. Dorr
736 So. 2d 366 (Louisiana Court of Appeal, 1999)
Gross v. Maison Blanche, Inc.
732 So. 2d 147 (Louisiana Court of Appeal, 1999)

Cite This Page — Counsel Stack

Bluebook (online)
710 So. 2d 340, 97 La.App. 3 Cir. 1062, 1998 La. App. LEXIS 559, 1998 WL 117264, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brasseaux-v-abbeville-general-hosp-lactapp-1998.