Capitol Manufacturing Co. v. Brooks

745 So. 2d 825, 99 La.App. 3 Cir. 267, 1999 La. App. LEXIS 3003, 1999 WL 994145
CourtLouisiana Court of Appeal
DecidedNovember 3, 1999
DocketNos. 99-267, 99-268
StatusPublished
Cited by3 cases

This text of 745 So. 2d 825 (Capitol Manufacturing Co. v. Brooks) 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
Capitol Manufacturing Co. v. Brooks, 745 So. 2d 825, 99 La.App. 3 Cir. 267, 1999 La. App. LEXIS 3003, 1999 WL 994145 (La. Ct. App. 1999).

Opinion

hCOOKS, Judge.

On January 3, 1997, Timothy Brooks was employed by Capitol Manufacturing Company as an operator of a machine that threads couplings made from a two-inch steel pipe. According to Brooks, on that date his machine ran out of hydraulic fluid. To refill the machine with fluid, the operator must climb a ladder to reach the top of the machine and the hydraulic fluid reservoir. Brooks stated, while filling the | ^reservoir, he fell from the top rung of the ladder to the floor, a distance of about six feet and landed on his low back and buttocks. He had immediate pain in his back, buttocks and testicles. There were no witnesses to the fall.

According to Brooks, the accident occurred about 10:35 p.m., shortly before his shift ended at 11:00 p.m. After the accident Brooks stated he looked for Carl Prud-homme (his supervisor) to report the accident, but was unable to locate him before the end of his shift. When he entered the parking lot, Brooks stated he noticed Prudhomme’s truck was not there.

Brooks’ wife picked him up that evening, and he told her about the accident. They drove directly to his grandfather’s house, and Brooks told his grandfather about the accident. According to Brooks, he continued to have pain and symptoms that night and the next day. Despite the pain, Brooks did not seek medical attention that weekend and returned to work on Monday because he did not want to lose his job.

That Monday, Brooks reported the accident to Carl Prudhomme and the safety director, Mike France. According to Brooks, France refused to complete an accident report and told Brooks if he could not work to go home. On his way home, Brooks ran into a co-worker, Scott Miller, in the Capitol Manufacturing parking lot. Brooks told Miller about the accident and his injuries. Immediately after talking to Miller, Brooks went to the American Legion Hospital in Crowley where he was treated for his injuries, prescribed medication and referred to Dr. Michael Holland.

Dr. Holland first saw Brooks on January 15, 1997. He found Brooks was suffering from a lumbar strain and he ordered conservative treatment consisting primarily of physical therapy. On the next visit, Brooks related he was experiencing severe back pain and radiating pain and numbness in his left leg. Dr. Holland opined that Brooks may have sustained a herniated disk in his lumbar spine and scheduled an MRI. The MRI was poor in quality, and no obvious herniated disk was detected.

13Brooks sought a second opinion from Dr. Douglas McKay, an orthopedic surgeon, on March 5, 1997. Dr. McKay reviewed the MRI performed on January 23, 1997, and concluded it showed a mild to moderate hypertrophy throughout his lumbar spine and a mild congenitive narrowing of the spinal canal. Dr. McKay requested the performance of a lumbar mye-logram, but Capitol would not authorize payment for it.

Brooks began working for Grey Wolf Drilling on April 12, 1997. According to Brooks, he was forced to work for Grey Wolf because Capitol refused to pay any disability benefits or the costs of medical care. He testified he took pain and anti-inflammatory pills each day he worked for Grey Wolf. Brooks worked as a roustabout for Grey Wolf, but was physically unable to perform the strenuous duties. He quit the job on April 29, 1997. Brooks testified he did not injure himself while working for Grey Wolf. He stated he was injured when he started at Grey Wolf and was hurting when he stopped working for that company. Brooks admitted he lied during his pre-employment physical for Grey Wolf when he told the nurse he was “fine.”

After his brief employment with Grey Wolf, Brooks visited the emergency room at American Legion seeking pain medication. He was advised to see Dr. McKay, who examined Brooks on May 19, 1999. Dr. McKay noted Brooks was experiencing greater distress than on his previous visit [828]*828and he ordered a lumbar myelogram. The myelogram was performed on May 21, 1997, and revealed a herniated disk. Dr. McKay sought authorization from Capitol and/or its insurance carrier for Brooks to undergo surgery. The authorization was refused.

Dr. Holland reviewed the myelogram and confirmed Brooks was suffering from a herniated disk. Dr. Holland also felt surgery was necessary. On June 6, 1997, Dr. Holland performed the surgery despite the fact that no authorization was given by Capitol or its insurer.

PROCEDURAL HISTORY

|40n March 5, 1997, Capitol filed a disputed claim seeking a declaratory judgment grounded on its allegation that an accident did not occur as claimed by Brooks. Brooks answered and reconvened, filing a claim seeking disability benefits, reimbursement of medical expenses, penalties and attorney’s fees. On August 15, 1997, Capitol filed a third-party claim against Grey Wolf Drilling seeking indemnity and contribution for Brooks’ claim.

Trial on the merits was held on July 28, 1998, and after taking the matter under advisement, the workers’ compensation judge issued oral reasons for judgment on August 19, 1998. Finding in favor of the claimant, the judge held Grey Wolf and Capitol solidarily liable. She found an accident occurred while Brooks was employed at Capitol, and also that Brooks sustained a second accident during the two and one-half week period he was employed by Grey Wolf. Both Capitol and Grey Wolf were ordered to pay Brooks indemnity benefits and all reasonable and necessary medical bills. The workers’ compensation judge also found neither Grey Wolf nor Capitol met their burden of proving they were prejudiced by Brooks’ failure to disclose the prior injury to his back, and denied their respective claims for forfeiture of benefits.1 The court also awarded Brooks $5,000.00 in attorney’s fees, a $2,000.00 penalty for Capitol’s failure to authorize the surgery, and a $2,000.00 penalty for Capitol’s failure to pay indemnity benefits. The attorney’s fees and penalties were assessed solely against Capitol and not Grey Wolf.

Capitol lodges this appeal assigning the following assignments of error:

1. The workers’ compensation judge erred in finding Brooks satisfied his burden of proving an accident occurred within the course and scope of his employment with Capitol.
2. The workers’ compensation judge erred in finding Brooks was disabled from January 8, 1997 to April 12, 1997.
| f¡3. The workers’ compensation judge erred by awarding Brooks attorney fees and penalties to be paid by it.
4. The workers’ compensation judge erred by not awarding it complete indemnity for all compensation and medical expenses against Grey Wolf, under the “last injurious exposure” rule.

Grey Wolf also appealed the judgment, asserting the following assignments of error for our review:

1. The workers’ compensation judge erred in rendering a judgment in favor of Brooks against a party he never sued, Grey Wolf.
2. The workers’ compensation judge erred in ordering Grey Wolf to pay compensation benefits for the period prior to Brooks’ employment with Grey Wolf.
3. The workers’ compensation judge erred in finding an accident occurred during Brooks’ employment with Grey Wolf when even Brooks could not identify an accident.
4. The workers’ compensation judge erred in finding no prejudice to Grey Wolf for Brooks’ misrepresentations on his employment application with Grey Wolf.

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Bluebook (online)
745 So. 2d 825, 99 La.App. 3 Cir. 267, 1999 La. App. LEXIS 3003, 1999 WL 994145, Counsel Stack Legal Research, https://law.counselstack.com/opinion/capitol-manufacturing-co-v-brooks-lactapp-1999.