Bridgewater v. Crown Zellerbach

449 So. 2d 515
CourtLouisiana Court of Appeal
DecidedFebruary 28, 1984
Docket83 CA 0397
StatusPublished
Cited by11 cases

This text of 449 So. 2d 515 (Bridgewater v. Crown Zellerbach) 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
Bridgewater v. Crown Zellerbach, 449 So. 2d 515 (La. Ct. App. 1984).

Opinion

449 So.2d 515 (1984)

Clarence BRIDGEWATER
v.
CROWN ZELLERBACH and its Insurer, John Doe.

No. 83 CA 0397.

Court of Appeal of Louisiana, First Circuit.

February 28, 1984.
Rehearing Denied April 3, 1984.

*516 Joseph A. Gladney, Baton Rouge, for plaintiff.

William A. Norfolk, Baton Rouge, for defendant.

Before SHORTESS, LANIER and CRAIN, JJ.

*517 LANIER, Judge.

This suit commenced as a claim for workmen's compensation benefits and medical expenses alleging that the employee was totally and permanently disabled by a job-related accident. The employee filed a supplemental and amending petition alleging that the employer acted arbitrarily, capriciously and without probable cause in denying compensation benefit payments and medical expenses and sought statutory penalties. The district court rendered judgment in favor of the employer and dismissed the employee's suit. The employee took this devolutive appeal asserting that the district court committed error by not finding that the employee's disability was caused by the job-related accident and by not finding that the employee was totally and permanently disabled or, alternatively, partially permanently disabled and entitled to workmen's compensation benefits and medical expenses.[1]

FACTS

On March 31, 1977, Clarence Bridgewater was employed by Crown Zellerbach Corporation (CZ) at its paper mill in St. Francisville, Parish of West Feliciana, Louisiana. At approximately noon on that day, Bridgewater was operating a portable forklift in the basement of the mill and was helping to lower a box of wire weighing about a ton and one-half from the machine room floor above to the basement. Bridgewater asked a fellow employee, Mike McGregor, to move a stack of paper with a front-end loader so that the wire could be lowered. In the process of moving the paper, McGregor backed the front-end loader into Bridgewater and knocked him to the floor. A short time later, Bridgewater began feeling pain in his low back area and reported the accident to his immediate supervisor, William J. Clark, a production supervisor for CZ. Clark instructed Bridgewater to report to the first aid station for treatment by Elizabeth Turnley, the plant nurse. Bridgewater told Turnley about his accident and complained of low back pain. Turnley gave Bridgewater some medication and sent him back to work. On April 4, 1977, Clark prepared an accident report on this incident.

Bridgewater continued working at the CZ paper mill but reported on a regular basis to the first aid station with complaints of low back pain. Because of these continued complaints, the plant nurse made an appointment for Bridgewater to be examined by Dr. John A. Thomas on April 18, 1977. Dr. Thomas examined Bridgewater and diagnosed his problem as a lumbosacral sprain superimposed over a preexisting thorocolumbar scoliosis. Dr. Thomas determined that there was no permanent disability or loss of physical function expected.

Bridgewater continued working but went to the first aid station on a regular basis. The plant nurse then recommended that he consult with his family physician, Dr. Louis V. Montelaro. Dr. Montelaro examined Bridgewater on May 2, 1977. Bridgewater gave a history of low back pain. Dr. Montelaro examined Bridgewater and found no neurological deficits. He diagnosed Bridgewater's condition as lumbar spasm. He recommended heat and prescribed a muscle relaxant for treatment. Dr. Montelaro subsequently issued a report to CZ on an insurance form indicating that Bridgewater was totally disabled from May 19, 1977, through May 30, 1977, because of a lumbar sprain arising from his employment.

Bridgewater continued working for CZ until November 21, 1977. On September 6, 1977, Bridgewater again saw Dr. Montelaro for a sprained wrist. He went back to Dr. Montelaro on November 21, 1977, for a very badly infected ear. The medical evidence indicates that the sprained wrist and infected ear were not related to the March 1977 accident. Dr. Montelaro treated Bridgewater for his ear on November 23 and 28, 1977.

Bridgewater testified that on December 5, 1977, he attempted to get out of bed but *518 fell down because he was unable to stand due to numbness in his legs. Bridgewater returned to Dr. Montelaro on that date. The doctor examined Bridgewater and found the ear to be clearing but that Bridgewater had a swollen left leg. This condition was diagnosed as cellulitis, an infection. Dr. Montelaro treated this condition with penicillin on December 6, 7, 8, 10 and 12. On December 13, 1977, the left leg flared up again. Dr. Montelaro continued penicillin treatments on that date and on December 14 and 17. Bridgewater returned to Dr. Montelaro on December 27, 1977. The doctor found that there was still swelling in his left leg and referred him to Dr. James E. Hand, a specialist in cardiovascular and renal diseases.

Dr. Hand examined Bridgewater on December 29, 1977, and January 17, 1978. He advised Dr. Montelaro in a report that he diagnosed Bridgewater's condition as post-phlebitic syndrome following infected tenia pedis of the left foot and Raynaud's syndrome. At the last visit, Dr. Hand found that Bridgewater had improved considerably, the edema was gone from the dorsum of the left foot leaving a brownish discoloration over his venous pattern, and the athletes foot between his toes was better but still present. Dr. Hand advised Bridgewater to continue treatment of the athletes foot, take medication and advised him not to work until he was able to stand without pain. Bridgewater saw Dr. Montelaro again on January 19, 1978, and February 11, 1978. At the February visit, he complained of pain in his left leg and foot and swelling of the hands. From September 1977 through February 11, 1978, the records of Dr. Montelaro and the report of Dr. Hand do not reflect that Bridgewater complained about pain in his back. Bridgewater was paid nonoccupational disability benefits of $130 per week for 11 weeks and 2 days ($1,467.14) for the period of November 23, 1977, to February 9, 1978.

On February 22, 1978, Bridgewater consulted Dr. Samuel C. Irwin on a referral from Dr. Hand. Bridgewater gave a history of numbness in the left leg extending from mid thigh to the mid leg region and chronic low back pain. He told Dr. Irwin that he hurt his back in the service in 1972 when he fell down and reinjured his back at work in 1977. Dr. Irwin took X-rays of Bridgewater's lumbar spine and left leg and gave him a clinical examination. He found no spasm or muscle group weakness in either leg. Bridgewater had normal motion and the reflexes in his knees and ankles were intact and symmetrical. The circulation was intact in both legs and there was no evidence of soft tissue swelling. Dr. Irwin found no objective evidence of back problems or left lower extremity pathology. He diagnosed Bridgewater's condition as a low back pain syndrome. Dr. Irwin issued a report to CZ dated March 20, 1978, wherein he stated that "[i]t is my opinion that this leg pain could indeed be caused by his back problem." Dr. Irwin recommended in this report that Bridgewater engage in light duty until he was recovered. Dr. Irwin saw Bridgewater again on March 23, 1978. Bridgewater complained of continued back pain and pain in his legs. Dr. Irwin referred Bridgewater to Dr. Samuel L. Levert, Jr., a neurologist, for further examination. This suit was filed on March 31, 1978.

Bridgewater was examined by Dr. Levert on April 11, 1978. Dr. Levert's neurological examination was within normal limits.

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449 So. 2d 515, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bridgewater-v-crown-zellerbach-lactapp-1984.