Brown v. Manville Forest Products Corp.

565 So. 2d 496, 1990 La. App. LEXIS 1594, 1990 WL 84440
CourtLouisiana Court of Appeal
DecidedJune 20, 1990
Docket21537-CA
StatusPublished
Cited by22 cases

This text of 565 So. 2d 496 (Brown v. Manville Forest Products Corp.) 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. Manville Forest Products Corp., 565 So. 2d 496, 1990 La. App. LEXIS 1594, 1990 WL 84440 (La. Ct. App. 1990).

Opinion

565 So.2d 496 (1990)

Maggie BROWN, Appellant,
v.
MANVILLE FOREST PRODUCTS CORPORATION, Appellee.

No. 21537-CA.

Court of Appeal of Louisiana, Second Circuit.

June 20, 1990.
Writ Denied October 19, 1990.

*498 Bruscato, Loomis & Street by James L. Braddock, Monroe, for appellant.

Hudson, Potts & Bernstein by Jay A. Pucheu, Monroe, for appellee.

Before HALL, FRED W. JONES, Jr. and NORRIS, JJ.

NORRIS, Judge.

In this workers compensation case, Maggie Brown, an employee for defendant, Manville Forest Products Corporation, sustained an internal injury to her left breast while in the course of her employment. After her treating physician released her, she saw another doctor for possible hypertension and discovered that she had a myeloproliferate disorder which sometimes develops into leukemia. She claimed that this blood disorder prevented her from returning to work. She began receiving workers compensation benefits from the date of the accident until her treating physician declared her able to return to work. Manville, which is self-insured for workers compensation purposes, ceased paying benefits and Brown eventually sued. The trial court found that Brown's disorder was not caused, accelerated or aggravated by her work-related injury and therefore rejected her claim. Brown appeals, urging the trial court erred in finding that the injury was not a legal cause of her disability and in failing to award penalties and attorneys fees. For the reasons which follow, we affirm in part, amend and render.

FACTS

On January 10, 1988, Brown was employed as a utility worker by Manville. She was checking dryers in the dry veneer department when she tripped and fell over an unrolled cable. The fall caused a large hematoma or blood clot in her left breast. Sammy Leamons, Brown's supervisor, took her to the hospital and surgery was performed by Dr. Larry Barr, a general surgeon. According to Dr. Barr, her left breast was four times its normal size. On the date of the accident, he evacuated approximately 600 ccs of blood from the injured breast. Brown remained hospitalized until January 22, during which time blood was regularly drained from the wound. After her release from the hospital, she continued to see Dr. Barr. On February 2, he noted that the hematoma was resolving, although Brown complained of "significant pain." He saw her three more times in February and reported that the breast was still enlarged and that she continued to complain of pain. On March 14 he noted improvement but that Brown continued to complain of pain. On March 29, Dr. Barr released Brown to return to work. He testified that he could not find any objective reason why she could not return to work. Dr. Barr last saw her on April 11. He reported that she complained of pain and had been hypertensive throughout the visits. Dr. Barr referred Brown to Dr. John Sampognaro to follow her for hypertension or high blood pressure. Dr. Barr testified that he did not refer Brown to Dr. Sampognaro for a continued study of her complaints of pain.

Dr. Sampognaro, a specialist in general internal medicine, first saw Brown on April *499 13. He reported that her blood pressure was borderline elevated and that she complained of pain involving her shoulders, upper arm, and left breast. He noted that her symptoms of pain could not be objectively explained. On April 15, he noted that a report revealed an abnormally high white blood count. Between April 15 and April 27 Brown had a bone marrow aspiration performed at St. Francis Hospital. This revealed that she suffered from a myeloproliferate disorder with proliferation of granulocytes and platelets. According to Dr. Sampognaro, this bone marrow disorder results in an overproduction of white cells and platelets. At the time of the bone marrow aspiration, Brown's platelet count was 741,000, the normal being 130,000 to 140,000, and the white blood count was 24,900, the normal being 7,800. On April 27, she saw Dr. Sampognaro and complained of weakness and shortness of breath upon exertion. On May 5, she told Dr. Sampognaro that she felt weak. A blood test revealed a white blood count of 48,600. On May 25, Dr. Sampognaro reported that she complained of pain in the posterior cervical region and shoulders. He gave her a prescription for pain and hypertension. X-rays taken on May 27 showed mild degenerative changes of the shoulder joint. Dr. Sampognaro last saw Brown on July 25 when she gave no new complaints and said that her neck and right shoulder pain were improved.

Defendant began paying Brown workers compensation benefits of $205 per week and all medical bills from the date of the accident. Relying on Dr. Barr's release to return to work, defendant terminated benefits on April 5, 1988. On February 8, 1989, after she had filed suit, Brown notified defendant that overtime pay had been omitted from its calculations and the correct rate of pay was $215.28 per week. On March 16, 1989, defendant paid the balance due as a result of the error.

On July 25, 1988, after filing a claim with the Workers Compensation office, Brown filed suit against defendant seeking past due benefits with legal interest and penalties and attorneys fees. The trial was held on May 30, 1989.

Brown testified that she had no problem with her left arm prior to the accident, but that since then she has lost use of it and it is getting worse. She testified at trial that Dr. Sampognaro was still treating her for her left arm, breast and side, although he stated in his deposition that he had not seen her since July 25, 1988. She also stated that she has trouble with her left hip. According to Brown, she is presently unable to return to work. She admitted that she has not tried to return to work since being released by Dr. Barr.

Dr. Barr, Brown's treating physician until April 11, 1988, testified by deposition that Brown should have been able to return to work on March 29, 1988. He found no objective reason to the contrary. He testified that he did not believe that the injury from the fall caused the blood disorder. After the release to return to work, Dr. Barr referred Brown to Dr. Sampognaro.

Dr. Sampognaro testified by deposition that only the blood disorder prevented Brown from returning to normal work. He stated that as long as she has the disorder, she would be predisposed to abnormal bleeding and, as a result, should not be involved in any physical activities. Dr. Sampognaro testified that the origin of the blood disorder is idiopathic, meaning it was unrelated to the injury from the fall. He also testified the hypertension was unrelated to the fall. He stated that Brown was diagnosed with hypertension approximately three years before the fall.

The trial court noted that Brown was injured while working in the course of her employment and during treatment by Dr. Sampognaro, Brown's myeloproliferate blood disorder was discovered and it prevented her from returning to work. It stated that the accident is presumed to have caused the disabling condition, but concluded that the defendant successfully rebutted this presumption through the medical testimony of Drs. Barr and Sampognaro. The court found that Brown's blood disorder was not caused, accelerated, or aggravated by her work-related injury. *500 Judgment dismissing her claims was signed and filed on August 2, 1989.

Brown has appealed, claiming the trial court erred in failing to find that the injury was a legal cause of the disability and in failing to award penalties and attorneys fees.

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565 So. 2d 496, 1990 La. App. LEXIS 1594, 1990 WL 84440, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-manville-forest-products-corp-lactapp-1990.