Britton v. Morton Thiokol, Inc.

604 So. 2d 130, 1992 La. App. LEXIS 1974, 1992 WL 143538
CourtLouisiana Court of Appeal
DecidedJune 24, 1992
Docket23725-CA
StatusPublished
Cited by19 cases

This text of 604 So. 2d 130 (Britton v. Morton Thiokol, 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
Britton v. Morton Thiokol, Inc., 604 So. 2d 130, 1992 La. App. LEXIS 1974, 1992 WL 143538 (La. Ct. App. 1992).

Opinion

604 So.2d 130 (1992)

Linda BRITTON, Plaintiff-Appellee,
v.
MORTON THIOKOL, INC., et al., Defendants-Appellants.

No. 23725-CA.

Court of Appeal of Louisiana, Second Circuit.

June 24, 1992.

*131 Blanchard, Walker, O'Quin & Roberts by Robert A. Dunkelman, Shreveport, for appellants.

Campbell, Campbell & Johnson by Cecil P. Campbell, Minden, for appellee.

Before SEXTON, HIGHTOWER and STEWART, JJ.

HIGHTOWER, Judge.

In this worker's compensation suit, an employer and its insurance carrier appeal a hearing officer's award of supplemental earnings benefits, medical expenses, and penalties. Although it is undisputed that the claimant originally sustained a job-related lower back injury on November 30, 1988, the primary dispute before us concerns whether any disability continued past August 17, 1989. For the reasons hereinafter expressed, we reverse.

FACTS

On November 30, 1988, while employed by Morton Thiokol, Inc. at an ammunition plant, Linda Britton lifted a heavy shell casing and injured her lower back. She testified that pain in that area immediately shot down her right leg. After reporting the mishap to her supervisor, a co-worker took her to Bossier Medical Center for emergency care.

Shortly thereafter, the employer and its insurer began paying Ms. Britton temporary total disability benefits of $224.80 per *132 week, based on her previous salary of $300. Since that time, claiming continuing debilitating pain, she has not worked regularly at any occupation, but, instead, has sought medical attention from a host of doctors in various specialties.

Following the initial emergency room visit, an orthopedic surgeon, Dr. Clinton McAlister, ministered to Ms. Britton's afflictions with conservative care. After approximately one week, he released her to light duty work on December 5, 1988. When she returned to the plant, the employer required no lifting, merely paperwork and sanding shells. However, claiming that she could only perform such tasks for a short period, she again visited Dr. McAlister on December 12. At that time, she reported the pain to be mostly in her right leg and that the soreness had somewhat improved. The doctor suggested a continuation of limited duty work.

Subsequently, Dr. McAlister received the results of a CT scan, revealing a slight lumbosacral disc bulge but no herniation. At the next scheduled office visit, on December 21, he prescribed bed rest; however, the following week, puzzled by her failure to improve, the doctor admitted Ms. Britton to the hospital for additional testing and conservative care.

Diagnostic procedures during a sevenday stay at the Bossier Medical Center failed to disclose any significant objective findings. Nerve conduction studies of the lower extremities produced normal results, despite evidence of some hyperirritability of the posterior division of the L-5 root on the right. During the hospitalization and upon Dr. McAlister's referral, a neurosurgeon, Dr. Warren Long, evaluated and began treating the patient. Range of motion and straight leg raising tests caused Dr. Long to suspect disc involvement at the L5-S1 level. However, after a completely normal myelogram failed to substantiate that initial impression, he did not deem surgical intervention appropriate.

Subsequent to her hospital discharge on January 2, 1989, Ms. Britton continued to seek attention from both Drs. McAlister and Long, yet neither physician could objectively corroborate her reports of pain. On January 24, Dr. McAlister noted his concern that the patient did not appear to be progressing. In complaints to Dr. Long on January 31, 1989, she indicated that the majority of her pain had switched from the right leg to the left lower extremity.

In early February, after again returning to limited duty, Ms. Britton stated her pain increased. During the next few months, essentially through May, she frequented both doctors with complaints that varied the position and severity of her pain. To Dr. Long, in late February, she reported that the leg pain had switched back to the right side. Attempts to substantiate the problem led to the performance of a multiplane CT scan on February 23, revealing no evidence of disc herniation or nerve pressure.

Ms. Britton again attempted to work on April 17, but reported to the orthopedist that she lasted only half a day. During her final visit to his office on April 25, perceiving an inability to further assist his patient's static condition, Dr. McAllister suggested that she return to Dr. Long to discuss the possibility of surgery.

On May 11, 1989, after once more reviewing the medical records and performing another clinical examination, Dr. Long still failed to substantiate any cause for the subjective complaints. Recognizing that the lack of positive findings militated against surgical intervention, the neurosurgeon finally referred his patient to Dr. Phillip Osborne at the Willis-Knighton Pain Clinic, where physicians and psychologists use a multidisciplinary approach to evaluate reports of chronic pain.

During the course of evaluations at the pain clinic, Dr. Donald R. Smith provided a second neurological opinion on June 2, 1989. An MRI scan and myelogram of the lower back again proved normal except for prominent epidural veins, which Dr. Smith did not consider significant.

In further efforts to determine the validity of Ms. Britton's subjective complaints and to validate any disability, Dr. Donald E. Wolfe, an orthopedic surgeon, conducted a series of tests designed to calculate loss *133 of range of motion and strength deficit. However, when presented with the same procedure more than once, the patient gave responses so inconsistent and inappropriate that she totally invalidated the testing. For example, when asked to perform the "two hand pull test," she could only generate eleven pounds of force using both hands. However, upon exiting the room, she successfully pulled open, with one hand, a door weighing more than eleven pounds. Concluding that the patient did not suffer as debilitating an injury as she would have her physicians believe, Dr. Wolfe recommended that she return to her normal occupation after a short work-hardening (adjustment) program.

As part of this same multidiscipline study, Thomas E. Staats, Ph.D., conducted psychological testing of Ms. Britton. His evaluation revealed a personality profile common among persons experiencing a chronic pain syndrome and seeking compensation. These results suggested an unconscious inclination "to use physical symptoms to secure some form of secondary gain ...," and, according to Dr. Staats, disclosed the possibility that the pain did not physically exist.

Beginning in July 1989, Dr. Osborne, a specialist in occupational medicine and the study of pain, saw the patient approximately ten times. Additionally, he reviewed the reports of the other experts in seeking to assign a disability rating, if possible, based upon AMA guidelines. In his testimony, he explained that the normal myelogram and MRI demonstrated that the patient probably did not have any physiological or structual abnormality in the spine. Next, he stated, consideration would normally turn to loss of range of motion, loss of strength, or any neurological deficit. Marked inconsistency in the patient's responses, however, invalidated the motion and strength test results. Of course, neither of the neurologists, Drs. Long and Smith, found any deficiency.

Finally, Dr. Osborne noted that the patient's psychological difficulties, as established by testing, predated the accident in question.

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604 So. 2d 130, 1992 La. App. LEXIS 1974, 1992 WL 143538, Counsel Stack Legal Research, https://law.counselstack.com/opinion/britton-v-morton-thiokol-inc-lactapp-1992.