Clakeley v. Ochsner Foundation Hosp.

478 So. 2d 1335, 1985 La. App. LEXIS 10243
CourtLouisiana Court of Appeal
DecidedNovember 12, 1985
Docket84-CA-64
StatusPublished
Cited by5 cases

This text of 478 So. 2d 1335 (Clakeley v. Ochsner Foundation Hosp.) 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
Clakeley v. Ochsner Foundation Hosp., 478 So. 2d 1335, 1985 La. App. LEXIS 10243 (La. Ct. App. 1985).

Opinion

478 So.2d 1335 (1985)

Nolan CLAKELEY
v.
OCHSNER FOUNDATION HOSPITAL.

No. 84-CA-64.

Court of Appeal of Louisiana, Fifth Circuit.

November 12, 1985.

*1336 Gerald J. Leydecker, New Orleans, for plaintiff-appellee-appellant.

G.F. Riess, Perry R. Staub, Jr., New Orleans, for defendant-appellant-appellee.

Before KLIEBERT, CURRAULT and DUFRESNE, JJ.

DUFRESNE, Judge.

Alton Ochsner Medical Foundation Hospital suspensively appeals a judgment in favor of its employee, Nolan Clakeley, awarding workmen's compensation benefits retroactive to the date of his injury and continuing indefinitely. In addition, the trial court ordered defendant, Ochsner Hospital to pay all medical bills actually incurred by plaintiff, as well as attorneys' fees and penalties.

Subsequent to this judgment, the plaintiff, Nolan Clakeley, moved to amend this judgment. The trial court granted Mr. Clakeley's motion and required the defendant, Ochsner Hospital to submit a Letter of Financial Responsibility guaranteeing payment by Ochsner of all reasonable and necessary expenses incurred as a result of forthcoming treatment at the Mercy Hospital Pain Clinic. From this judgment the defendant, Alton Ochsner Foundation Hospital (Ochsner) appeals and contends that the trial court erred in the following respects:

1) In concluding that plaintiff, Nolan Clakeley, established the occurrence of a work-related accident to the preponderance of the evidence;

2) In determining that plaintiff's workrelated accident, if any, aggravated his pre-existing spondylolisthesis;

3) In granting an award of workmen's compensation benefits of indefinite duration where no evidence suggested a continuing disability on plaintiff's part;

4) In finding defendant's refusal to pay workmen's compensation benefits arbitrary and capricious, so as to support an award of penalties and attorneys' fees under LSA-R.S. 23:1201.2;

5) In utilizing a maximum weekly benefit figure applicable to post-September, 1981, injuries in computing the workmen's compensation award for an April, 1981 injury;

6) In awarding duplicative damage items and in failing to reduce the medical payments portion of its damage computation to take account of payments already made by defendant.

Plaintiff, Nolan Clakeley brought this workmen's compensation action against his employer, Ochsner, for injuries received while in the course and scope of his employment. Clakeley was awarded permanent and total disability benefits for injuries he received at Ochsner where he had been employed over a period of approximately 10 years. During that period of time he had fallen off of a ladder injuring his back for which he was out of work for *1337 about 3 months. However, he returned to work and was performing his regular duties when, on April 14, 1981, while lifting a heavy door weighing approximately 90 pounds, he re-injured his back. The evidence adduced at trial revealed that Ochsner's maintenance supervisor, John Grantham, received a report from another employee, George Clayton, that Clakeley had sustained an injury to his back on a previous afternoon. Mr. Clakeley was seen by an emergency room physician on April 15, 1981, and subsequently underwent treatment for his back including two operations. From April 14, 1981, through the present date, Mr. Clakeley has been unable to return to his previous employment.

We must examine the record and determine whether Clakeley met his burden of proving his case. The law is clear that although procedural rules are construed liberally in favor of the claimant in a workmen's compensation suit, the burden of proof nevertheless rests on plaintiff to prove his case by a preponderance of the evidence, Crochet v. American Tobacco Company, 407 So.2d 1330 (La.App.3rd Cir. 1981). The testimony as a whole must show that more probable than not a work connected accident occurred, and that it had a causal relationship to claimant's disability, Prim v. City of Shreveport, 297 So.2d 421 (La.1974).

Louisiana law is equally well settled that the testimony of a plaintiff alone in a workmen's compensation case is sufficient to establish an occurrence of an accident, if there is nothing to discredit his account thereof and where his statements are supported by the surrounding circumstances, White v. Freeport Chemical Company, 319 So.2d 563 (La.App.4th Cir.1975), and Crochet, supra. In evaluating the evidence, the lower court should accept as true the uncontradicted testimony of a witness, even though the witness is a party, at least in the absence of circumstances casting suspicion on the reliability of this testimony, West v. Bayou Vista Manor, Inc., 371 So.2d 1146 (La.1979).

Mr. Clakeley testified that he was performing his regular duties at the Ochsner Foundation Hospital on the fourth floor on the afternoon of April 14, 1981, when lifting a heavy door weighing approximately 90 pounds, he felt a sharp pain in his back. Clakeley told a co-employee, Mr. Clayton, and reported the incident to his supervisor, Mr. Grantham. Mr. Clakeley also reported the incident to the accident department investigator, Beth Inbau.

Clayton testified that he recalled the accident in April, 1981, and that it occurred while he and Clakeley were lifting doors on the fourth floor of Ochsner. Clakeley had informed him that he had injured ("hurt") his back while lifting the doors. The accident department investigator, Beth Inbau, filed an accident report which was introduced into evidence. She had spoke with Clakeley and he had told her that he had lifted a door and had hurt his back while working on the fourth floor. Subsequently she spoke with George Clayton and referred the case to employee relations for review and possible investigation by Insurer's Services, Inc., an insurance investigating company.

The record reveals that Lynn Hamilton, M.D., an orthopedic surgeon at Ochsner, made a report of his findings after examining Clakeley. In said report, Dr. Hamilton indicates that Clakeley strained his back after lifting a heavy door at work and was evidently in pain. His examination revealed a lumbar paravertebral muscle spasm with only limited motion. Dr. Hamilton stated that Clakeley should be at home with bed rest and should be off work. Furthermore, in the employer's first report of the injury completed by Roselyn White, personnel specialist, she states that the accident occurred on the fourth floor of Ochsner and disability began on April 15, 1981. In the report, she indicates that Mr. Granthan knew of the accident on April 15, and that the cause of the injury was lifting a heavy door. The record also indicates that the treating physician, Dr. Edward Connolly, first saw Clakeley on May 5,1981, when he had been in the hospital for five days and positive signs of back injury were presented.

*1338 In a workmen's compensation action, liberal interpretation in favor of the employee, must be given to the term of "accident", Lucido v. Aetna Life & Casualty, Co. 411 So.2d 608 (La.App.1st Cir. 1982). Furthermore, if there is a suddenness either in the precipitating incident or in the manifestation of disability, the requirement of "accident" is satisfied, Self v. Riverside Companies, Inc. 382 So.2d 1037 (La.App.2nd Cir.1980). Furthermore, the Louisiana courts have broadly interpreted the term "accident" as defined in LSA-R.S. 23:1021(1) to the point that the statutory requirements for an accidental injury are present "... when the performance of the usual and customary duties of a workman cause or contribute to a physical breakdown." See Malone and

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Bluebook (online)
478 So. 2d 1335, 1985 La. App. LEXIS 10243, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clakeley-v-ochsner-foundation-hosp-lactapp-1985.