Brown v. Guide Corporation

956 So. 2d 808, 2007 La. App. LEXIS 906, 2007 WL 1344087
CourtLouisiana Court of Appeal
DecidedMay 9, 2007
Docket42,141-WCA
StatusPublished
Cited by3 cases

This text of 956 So. 2d 808 (Brown v. Guide Corporation) 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
Brown v. Guide Corporation, 956 So. 2d 808, 2007 La. App. LEXIS 906, 2007 WL 1344087 (La. Ct. App. 2007).

Opinion

956 So.2d 808 (2007)

Kathy S. BROWN, Plaintiff-Appellant
v.
GUIDE CORPORATION, Defendant-Appellant.

No. 42,141-WCA.

Court of Appeal of Louisiana, Second Circuit.

May 9, 2007.

*809 Hudson, Potts & Bernstein L.L.P., by Brian P. Bowes, Monroe, Travis Oliver, IV, for Appellant, Guide Corporation.

Gary D. Nunn, for Appellant, Kathy S. Brown.

Before WILLIAMS, PEATROSS & MOORE, JJ.

PEATROSS, J.

In this workers' compensation case, claimant, Kathy Brown, was awarded medical benefits and mileage, but denied supplemental earnings benefits ("SEBs"), penalties and attorney fees. The employer, Guide Corporation ("Guide"), appeals and Ms. Brown answered the appeal. For the reasons stated herein, we affirm.

FACTS

Ms. Brown went to work for Guide, a headlight assembly plant in Monroe, on September 27, 2002, as an assembly line worker. According to Guide's documentation from its in-house medical clinic, Ms. Brown complained of bilateral hand, wrist, arm, shoulder and neck pain beginning on October 22, 2002, less than one month of her beginning date of employment. There were at least seven complaints made by her during the following year. According to Ms. Brown, the pain worsened over the course of the year. She was seen and evaluated by Guide's doctor, David Yarbrough, on December 18, 2003, and he ordered a nerve conduction test, which revealed bilateral carpal tunnel syndrome. Dr. Yarbrough testified that hand and wrist pain is a common complaint of employees at Guide. It was his belief that Ms. Brown needed surgery and he referred her to orthopaedics.

On March 23, 2004, Ms. Brown then sought treatment from Dr. Marilyn Ritter, an orthopaedic hand surgeon of her choosing. Dr. Ritter confirmed bilateral carpal tunnel syndrome and recommended surgery. The surgery was apparently scheduled, *810 but subsequently delayed because of Ms. Brown's sister's serious illness. According to Ms. Brown, the surgery was delayed a second time because she was advised to include all of her related ailments, in particular, her "tennis elbow," in the treatment plan. Guide's workers' compensation claims handler, Zurich Services Corp. ("Zurich"), subsequently cancelled the surgery and denied the claim on the basis that Ms. Brown's condition was not causally related to her work at Guide. Specifically, Guide asserts that, because her symptoms manifested so soon after she commenced employment, Ms. Brown is unable to prove causation.

As previously stated, Guide is a headlight assembly plant. The record indicates that there are various classifications of jobs at the plant, including some assembly line work, quality control work and inspection-type work. Some of the job tasks are classified as ergonomically stressing tasks and are on a rotation schedule so that employees perform those tasks for a maximum of two hours at a time. It is not clear from the record which tasks are so classified or exactly which tasks and how long any task was performed by Ms. Brown. Ms. Brown testified that she was performing repetitive tasks and that she was not rotated among the work stations as she should have been to prevent injury to the hands and wrists. She testified that her pain began when she was assigned to the Bat room, where she was required to lift heavy racks. There is no clear and thorough description of exactly what tasks she performed while working at Guide; however, there is testimony that she was assigned several different positions during her tenure.

Despite her complaints, Ms. Brown continued to work until she was laid off in January 2004. She collected unemployment benefits for that year; and, in January 2005, she accepted a management position at a Sally's Beauty Supply shop. Ms. Brown testified that she was contacted by Guide and offered various weekend and temporary positions and was offered a "conversion" to permanent employment in another assembly line position. According to Ms. Brown, she declined the offer for rehire because she could not perform the tasks required of the position offered. Dr. Ritter testified that Ms. Brown could not do assembly line work until after surgery and that she may have some restrictions even then.

The record indicates that Ms. Brown did clerical/typing work prior to working for Guide, but there is no evidence of complaints of hand and/or wrist pain before she began working at Guide. A former employer and friend testified that Ms. Brown had worked for him for a four- or five-year period prior to working for Guide. He could not recall any complaints of hand or wrist pain during that time. A former co-worker of Ms. Brown's testified that the two worked together briefly in 2001 hanging wallpaper and painting. She could not recall any complaints by Ms. Brown regarding hand or wrist pain.

In addition, a former co-worker of Ms. Brown's at Guide testified on her behalf. Like Ms. Brown, she described the repetitive movement required by various positions at the plant and stated that she also suffers from carpal tunnel syndrome.

Drs. Yarbrough and Ritter were questioned extensively regarding the issue of causation. Discussed in more detail infra, the doctors agreed that it is difficult to pinpoint the exact onset of carpal tunnel disease. Both doctors also testified that there are non-occupational factors that cause carpal tunnel syndrome, including gender, people with history of diabetes or rheumatoid arthritis and previous bone fractures or spurring. Dr. Yarbrough also *811 stated that chemical imbalances, hormonal imbalances and pre-existing carpal tunnel areas can cause the onset of carpal tunnel symptoms. Specifically, while he acknowledged that carpal tunnel disease is prevalent at Guide given the repetitive nature of the work performed, Dr. Yarbrough was reluctant to definitively tie Ms. Brown's carpal tunnel to her work at Guide due to the short time between her beginning employment and the time when her symptoms appeared. On the other hand, Dr. Ritter opined that it was more likely that, since Ms. Brown first began experiencing symptoms after beginning work at Guide, the carpal tunnel was a result of her job duties there.

The trial court correctly found the issue to be one of causation. The court credited Dr. Ritter's testimony on that issue, emphasizing Dr. Ritter's specialization in hand surgery and ultimately finding that Ms. Brown's carpal tunnel developed as a result of her work at Guide. The court awarded Ms. Brown medicals and mileage, but denied SEBs, penalties and attorney fees. Guide appeals the award and Ms. Brown has answered the appeal challenging the denial of SEBs, penalties and attorney fees.

DISCUSSION

Entitlement to Medical benefits, mileage and/or SEBs

Whether the claimant has carried his burden of proof and whether testimony is credible are questions of fact to be determined by the WCJ. Lewis v. Chateau D'Arbonne Nurse Care Center, 38,394 (La.App.2d Cir.4/7/04), 870 So.2d 515. Factual findings in a workers' compensation case are subject to the manifest error or clearly wrong standard of appellate review. Newsome v. Atmos Energy, 41,413 (La.App.2d Cir.8/23/06), 938 So.2d 1098; Culotta v. A.L. & W. Moore Trucking Company, 35,344 (La.App.2d Cir.3/5/03), 839 So.2d 1063, writ denied, 03-0998 (La.5/30/03), 845 So.2d 1052. When there is a conflict in the testimony, reasonable evaluations of credibility and reasonable inferences of fact should not be disturbed upon review, even though the appellate court may feel its own inferences and evaluations are as reasonable. Rosell v. ESCO, 549 So.2d 840 (La.1989).

La. R.S.

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Bluebook (online)
956 So. 2d 808, 2007 La. App. LEXIS 906, 2007 WL 1344087, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-guide-corporation-lactapp-2007.