Bridges v. Hood Motor Co., Inc.

477 So. 2d 1261
CourtLouisiana Court of Appeal
DecidedOctober 11, 1985
DocketCA-3644
StatusPublished
Cited by5 cases

This text of 477 So. 2d 1261 (Bridges v. Hood Motor Co., Inc.) 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
Bridges v. Hood Motor Co., Inc., 477 So. 2d 1261 (La. Ct. App. 1985).

Opinion

477 So.2d 1261 (1985)

Cleo BRIDGES
v.
HOOD MOTOR COMPANY, INC. and L.A.D.A. Self-Insurers Fund.

No. CA-3644.

Court of Appeal of Louisiana, Fourth Circuit.

October 11, 1985.
Rehearing Denied November 26, 1985.

*1262 William S. Vincent, Jr., Robert M. Braiwick, Jr., New Orleans, for plaintiff-appellant.

Iddo Pittman, Jr., Hammond, for defendant-appellee.

Before GARRISON, CIACCIO and LOBRANO, JJ.

CIACCIO, Judge.

Plaintiff, Cleo Bridges, appeals a judgment which dismissed his petition for worker's compensation benefits. In his reasons for judgment the trial judge concluded that one of plaintiff's injuries was not caused by the work related accident, and that another did not appear to be disabling. We reverse the judgment of the trial court and render judgment on the record.

Defendant, Hood Motor Company, Inc., employed plaintiff as a tow-truck driver/operator. While engaged in the duties of his employment plaintiff was injured when a car struck his tow-truck. Plaintiff briefly lost consciousness, and suffered injuries to his head, neck, back, shoulder and arm.

An ambulance transported plaintiff from the scene of the accident to Hood Memorial Hospital. The attending hospital physician noted no abrasions or lacerations, but found a large, soft hematoma of the left scalp area. He also noted that plaintiff was experiencing pain in his neck, and held his neck rigid.

Hospital X-rays of plaintiff's cervical spine revealed spurring at C5-6 and a "clay shovelers" type fracture involving the spinous process of C6. X-rays of the left shoulder were negative. X-rays of the cervical spine area also revealed the possible fracture of the posterior aspect of plaintiff's right first rib.

Plaintiff remained in the hospital for two days following the day of the accident. He was fitted with a cervical collar and discharged to be treated as an out-patient. He was also referred to an orthopedist for consultation.

Dr. Fambrough, an orthopedic surgeon, saw plaintiff for the first time five days after the day of the accident. Dr. Fambrough did not testify. The parties stipulated to a collection of letters from him to Hood Motor Co. reporting on plaintiff's status from February 27, 1984, through June 1, 1984, the last day he saw plaintiff. Also included are two summary letters dated June 20, 1984, and January 23, 1985, from Dr. Fambrough to Adjustco.

Dr. Fambrough's first letter clearly indicates that plaintiff was referred to him for evaluation of plaintiff's cervical spine. Plaintiff testified that Dr. Fambrough never touched him, but conducted his evaluation by discourse with the plaintiff during each of the office visits. The letters do not contradict this.

*1263 On first evaluation Dr. Fambrough concluded that plaintiff's cervical spine demonstrated relative stability with the soft cervical collar, and recommended that plaintiff continue to wear it. He prescribed some medication and instructed plaintiff to return in two weeks. He noted that plaintiff would be unable to work.

Two weeks later plaintiff returned to Dr. Fambrough who found him to be doing quite well symptomatically. Dr. Fambrough suggested that plaintiff start weaning himself from the collar, and that he might soon be able to return to work. Two weeks later plaintiff returned to Dr. Fambrough still complaining of musculoskeletal pain in his neck. The doctor prescribed some additional medication and referred plaintiff for some physical therapy modalities. The doctor instructed plaintiff to return in two weeks at which time he hoped plaintiff could return to his regular duties.

On the next visit, April 10, 1984, plaintiff stated that he continued to experience discomfort in his neck and shoulder. X-rays revealed no instability in plaintiff's cervical spine. The doctor advised plaintiff to resume his normal activities, and to return for a followup evaluation in two weeks.

Plaintiff returned to see Dr. Fambrough on May 4,1984, just over three weeks after his prior visit. Plaintiff stated that while assisting a carpenter in moving some two-by-fours at his home, he thought he suffered a stroke. His arms went numb and pain increased causing him to stay in bed for a couple of weeks. Dr. Fambrough referred plaintiff to a neurologist and instructed him to return in two weeks.

Plaintiff visited the neurologist on May 10, 1984, and May 18, 1984. The neurologist's report is in the record. The May 18, 1984 letter summarized the findings of the neurologist.

Dr. Adams thought he had three problems basically one of which was a post concussion type headaches as well as a contusion of the labyrinthine apparatus causing some dizziness. These are directly related to his injury. He also felt he had a carpal tunnel syndrome of the right wrist. He suggested attempts at conservative treatment of this. This is a compression of the median nerve in the wrist causing the numbness and pain in the wrist and fingers. We will put him in a wrist immobilizer and put him on some oral steroids to see if this won't alleviate some of his symptoms. We will see him back in two weeks for followup. If he does not get relief with conservative management of the compression of the median nerve at the wrist it would require surgical decompression.

On June 1, 1984, plaintiff returned to see Dr. Fambrough for the last time. Referring to plaintiff's "peripheral nerve compression at the wrist", Dr. Fambrough noted,

Mr. Bridges is not doing any better. He still has referred pain at the arm with numbness in the fingers. In light of this, I've suggested to him he consider surgical decompression of the nerve. He is going to be consulting with his attorney about whether or not financial arrangements can be made for it to be done here or if he will have to seek services through the Charity Hospital system. I will be awaiting to hear from him in the future.

In Dr. Fambrough's two summary letters he expressed the opinion that plaintiff's carpal tunnel syndrome was not related to or secondary to the auto accident.

On May 17, 1984, plaintiff saw Dr. Phillips, an orthopedic surgeon. Dr. Phillips received a history from plaintiff, conducted a physical exam, and took X-rays. Dr. Phillips did not testify. As with Drs. Fambrough and Adams, Dr. Phillips' letters and reports were entered into evidence by stipulation. After this first visit, Dr. Phillips concluded that plaintiff had "a severe cervical strain and nerve injury to his neck and may well have a fracture. He has been treated altogether appropriately. The prognosis is guarded." Dr. Phillips went on to state,

He also has a lumbar injury and some objective findings that suggest lumbar disc disease. We will have to follow him *1264 for both. As long as he is resting because of his neck, his back is not going to bother him very much. When he goes back to activities, if and when we get the neck fixed, the back may give us trouble.

Finally, Dr. Phillips concluded, "He is disabled as of now."

After reviewing plaintiff's previous medical records Dr. Phillips reported on June 26, 1984, his recommendation that plaintiff undergo a carpal tunnel release. After the release Dr. Phillips would reevaluate plaintiff's neck. Dr. Phillips classified plaintiff as of that date as "totally disabled from working."

The last report of Dr. Phillips contained in the record is dated November 26, 1984. In that report Dr. Phillips expressed his desire to take care of plaintiff, but stated there was apparently some financial difficulty. Dr.

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477 So. 2d 1261, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bridges-v-hood-motor-co-inc-lactapp-1985.