Broussard v. Acadian Ambulance Serv., Inc.

239 So. 3d 425
CourtLouisiana Court of Appeal
DecidedJanuary 24, 2018
Docket17–469
StatusPublished

This text of 239 So. 3d 425 (Broussard v. Acadian Ambulance Serv., 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
Broussard v. Acadian Ambulance Serv., Inc., 239 So. 3d 425 (La. Ct. App. 2018).

Opinion

SAVOIE, Judge.

Acadian Ambulance Service, Inc. and Seabright Insurance Company (collectively "Acadian") appeal the judgment of the Workers' Compensation Judge (WCJ) that found in favor of Lee Ann Broussard (Broussard). Broussard answered the appeal, requesting additional attorney's fees for work done on appeal. For the following reasons, we affirm in part, reverse in part, and decline to award additional attorney's fees for work performed by Broussard's attorney on appeal.

FACTS AND PROCEDURAL HISTORY

Broussard's injury occurred when she tripped over two boxes at her place of employment, the Acadian Ambulance office, on May 25, 2012. She used both of her hands to break the fall and landed on her knees. Broussard saw Dr. Robby LeBlanc, an orthopedic surgeon, for the injuries to her hands. After treating her with splints and injections, Dr. LeBlanc ultimately performed two de Quervain's surgical releases on Broussard. The first surgical release was to her right hand on March 7, 2013. The second release to her left hand occurred on August 8, 2013. Acadian paid medical and wage benefits to Broussard until they were terminated after the second surgery.

Broussard filed a Disputed Claim for Compensation on May 12, 2014, requesting: (1) reinstatement of benefits; (2) treatment for pain management; (3) her choice of physician, Dr. Joseph Bozelle, Jr.; and (4) penalties and attorney's fees. Acadian argued that Broussard reached *427maximum medical improvement and was, therefore, released to full duty.

At trial, the parties stipulated to the following facts:

1. Broussard was employed by Acadian at the time of her accident on May 25, 2012.
2. Broussard sustained injuries in an accident on May 25, 2012, while in the course and scope of her employment with Acadian.
3. Broussard's average weekly wage was $645, which resulted in a temporary total disability benefit (TTD) of $435 per week.
4. Dr. Robby LeBlanc was Broussard's choice of orthopedic surgeon.
5. Dr. LeBlanc performed a right de Quervain's release on Broussard on March 7, 2013, and this surgery was causally related to the May 25, 2012 accident.
6. Dr. LeBlanc performed a left de Quervain's release on Broussard on August 8, 2013, and this surgery was causally related to the May 25, 2012 accident.
7. The last TTD check issued to Broussard covered the time period between September 5, 2013 and October 2, 2013.
8. Broussard requested a referral from Dr. LeBlanc to pain management on October 18, 2013.
9. On October 18, 2013, Dr. LeBlanc did not recommend chronic pain management, and he felt Broussard was at maximum medical improvement.
10. A demand letter was sent to SeaBright Insurance Company on November 4, 2013, requesting authorization for pain management treatment.
11. The pain management treatment was denied via letter dated November 7, 2013.
12. Broussard underwent a court-appointed independent medical examination with Dr. Darrel Henderson on October 28, 2015.
13. Broussard requested a change of orthopedic surgeon to Dr. Darrel Henderson by letter on December 1, 2015.
14. Broussard did not receive a response to the December 1, 2015 request for change of orthopedic surgeon.

After hearing the evidence produced at trial, the WCJ made the following findings in his oral reasons:

[T]he Court finds that Lee Ann Broussard was injured in an accident in the course and scope of employment on May 25, 2012. In that accident, she injured her wrist and her thumb.
The Court finds that the problems with her thumb are causally related to the accident. While she has received a diagnosis of basilar thumb arthritis, Ms. Broussard did not have any significant issues with
her thumbs until the accident occurred. There's been no showing that she had prior problems with her thumbs.
Therefore, the Court finds that there has, at the very least, been an exacerbation of her pre-existing condition. The Court therefore awards medical benefits to Lee Ann Broussard for the basilar thumb arthritis.
Ms. Broussard has requested reinstatement of the indemnity benefits. Pursuant to the medical records received by the Court, the Court awards temporary total disability benefits from October 2, 2013, through August 1, 2014. In August of 2014, Ms. Broussard began to do work. At that point in time, because *428she was able to do some work in her field of expertise, she would then be owed supplemental earnings benefits. The Court finds that Ms. Broussard is entitled to supplemental earnings benefits from August 1, 2014, through the date of trial.
The Court further finds that claimant is entitled to the medical expenses with Dr. Bozelle. The issue in this case was whether pain management was needed. After a review of the entire medical records, it is clear that even though Dr. Robby LeBlanc did not recommend pain management to Ms. Broussard, he continued to prescribe pain medication to her after he released her to return to work and basically released her from his care. Therefore, it's obvious that her treating physician at the time was aware of the fact that further pain medication was needed; and therefore, it was logical to conclude that pain management also would have been necessary.
Therefore, the Court finds that the medical expenses incurred by Lee Ann Broussard from Dr. Bozelle are to be paid for by the defendant.
The Court further finds that Ms. Broussard is entitled to her choice of pain management doctor. The Court awards the outstanding medical expenses to Lee Ann Broussard.
The other question that arose was whether Ms. Broussard was entitled to a change of physician. After reviewing Dr. LeBlanc's records, it's important to note that Dr. LeBlanc was the first physician to identify the basilar thumb arthritis. Yet, a review of Dr. LeBlanc's records show[s] that Dr. LeBlanc did not do much to address the complaints that were coming from Ms. Broussard with regards to her thumbs. Dr. LeBlanc performed [de Quervain's] releases, which were very successful according to Ms. Broussard.
However, there was ongoing complaints with regards to the basilar thumb symptoms. Dr. LeBlanc noted that surgery might by necessary. However, outside of noting that, nothing much was done to address the thumb complaints outside of prescribing medication, and then Dr. LeBlanc released her.
The Court therefore finds that because Dr. LeBlanc basically released her from his care without addressing the basilar thumb injuries, that Ms. Broussard is entitled to change her physician to Dr. Darrel Henderson and to continue treatment with him.
Therefore, the Court awards indemnity benefits as specified previously and medical benefits as specified previously to Ms. Brousard.

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Bluebook (online)
239 So. 3d 425, Counsel Stack Legal Research, https://law.counselstack.com/opinion/broussard-v-acadian-ambulance-serv-inc-lactapp-2018.