Cochennic v. Dillard's Dept. Store Warehouse

668 So. 2d 1161, 95 La.App. 5 Cir. 705, 1996 La. App. LEXIS 76, 1996 WL 14120
CourtLouisiana Court of Appeal
DecidedJanuary 17, 1996
Docket95-CA-705
StatusPublished
Cited by12 cases

This text of 668 So. 2d 1161 (Cochennic v. Dillard's Dept. Store Warehouse) 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
Cochennic v. Dillard's Dept. Store Warehouse, 668 So. 2d 1161, 95 La.App. 5 Cir. 705, 1996 La. App. LEXIS 76, 1996 WL 14120 (La. Ct. App. 1996).

Opinion

668 So.2d 1161 (1996)

Velma J. COCHENNIC
v.
DILLARD'S DEPARTMENT STORE WAREHOUSE.

No. 95-CA-705.

Court of Appeal of Louisiana, Fifth Circuit.

January 17, 1996.
Writ Denied March 15, 1996.

*1162 Matthew J. Ungarino, David Bordelon, Ungarino & Eckert, Metairie, for Appellant, Dillard's Department Store.

R. Jeffrey Bridger, Lea & Plavnicky, New Orleans, for Appellee, Velma J. Cochennic.

Before DUFRESNE, GOTHARD and CANNELLA, JJ.

CANNELLA, Judge.

Appellant, Dillard's Department Store, appeals from a judgment of the Office of Worker's Compensation in favor of appellee, Velma Cochennic. We affirm.

FACTS

Appellee, was employed at appellant's warehouse in St. Rose, Louisiana on September 21, 1991 when she injured her shoulder as she hoisted boxes onto an overhead pulley. *1163 She began to experience a loss of sensation in her hand and fingers almost immediately and went to the emergency room at Ochsner Foundation Hospital (Ochsner) where she was treated for a sprain. Early on September 23, 1991 appellee awoke with severe pain in her right shoulder and was taken to the emergency room at River Parishes Hospital. She was given an injection for pain. About noon that same day, she awoke with gradually increasing shoulder pain, numbness in her hands and legs and unable to move the lower part of her body. She was hospitalized at Ochsner, but after the failure of appellant to assume responsibility for her medical expenses, was moved to Louisiana Rehabilitation Center (LRC), a division of Charity Hospital. She remains numb in her lower body and has, among other problems, poor balance and great difficulty walking. Following denial of liability by appellant, suit for worker's compensation benefits was filed. On September 26, 1994 a judge trial was held and judgment was rendered on December 16, 1994. The hearing officer determined that appellee was temporarily totally disabled and he ordered appellant to pay worker's compensation benefits from September 21, 1991 and continuing until her condition changes, plus all past and future medical expenses. Appellant was also found to be arbitrary and capricious and attorney fees of $4,500 plus penalties and interest were also assessed. It is from this judgment that appellant now appeals.

EVIDENCE AND TESTIMONY

For reasons which do not appear in the record, the court reporter failed to get a complete transcript of the trial. However, for purposes of this appeal, the parties agreed to designate the record by joint stipulation. A narrative of facts was submitted by agreement of the parties, in lieu of the unavailable portion of the trial transcript, along with a partial transcript of trial testimony (20 pages), trial exhibits, all claim forms, pleadings, memoranda, rulings, orders, the judgment and reasons for judgment. The written joint stipulation contained the proviso that counsel did not stipulate to the correctness of conclusions of law or conclusions as to expert medical opinion.

In the partial transcript available, appellee testified that in September of 1991, she was employed at appellant's warehouse in St. Rose, Louisiana, tagging and transferring garments from racks to rolling racks to be shipped to the various stores. Sometimes she picked up ten to fifteen garments at a time, depending on the bulk of the garments. On the day of her injury, she was working overtime in the different job of disposing of garment boxes. She cut the boxes, then placed them on the conveyor belt about four feet over her head. She took three boxes, about two and one half feet wide and threw them up to the conveyor belt. Because the last box looked like it was going to fall, she turned around to reach for it and in doing so, felt a sharp pain in her shoulder. She went back to work, then to a coffee break a few minutes later. When she went to drink her coffee, she could not feel the cup in her hand. Frightened, she told her supervisor, Faye Bush, who told her to rest. A half hour later, her fingers and arm felt as though they were going to sleep. The plant manager told her to go home and, if there was no improvement, to go to a doctor. She could not drive because by that time her leg had started to feel "sort of funny." as though it too was going to sleep. Her husband took her to the emergency room at Ochsner. Following x-rays and examination, she was told that she had pulled some muscles and nerves in her shoulder. They gave her a prescription for pain and immobilized her arm, which continued to feel "asleep." On the following Monday morning, she awoke and could not get back to sleep because of pain in her shoulder and neck. In order to move she had to drag her body. She went to River Parishes Hospital where they told her the same thing as had the doctors at Ochsner, that she should go home and let the medicine work. At about noon that day she was completely unable to move her body and she was unable to feel her lower extremities.

According to the stipulation, appellee became aware that she had no feeling from mid-chest down at noon on Monday, September 23, 1991. Her husband took her to Ochsner, stopping at appellant's warehouse to report her worsening condition and to request *1164 authorization to go to the hospital. She was admitted at that time and treated there through October 14, 1991, to the best of her knowledge, for a spinal injury, paralysis and the loss of feeling from the mid-chest down. She continued to have trouble with her shoulder and received pain medication for this shoulder injury. She was aware of one visit while at Ochsner from a representative of appellant, who told her that appellant believed that she had suffered a stroke and would not be responsible for her injuries or medical expenses. Appellee received nothing in writing with regard to this denial of responsibility and there was no further contact from appellant. Because appellant denied responsibility, appellee was transferred to LRC. She still had no feeling in her lower body, could not walk and still had shoulder pain. She was unaware of appellant having investigated her accident, or of contacting her doctors.

She eventually learned to walk, with the aid of a four-pronged cane, although she did not recover feeling in the lower body. She was discharged in November, 1991, but treatment for both her spinal and shoulder injuries continued on an out-patient basis at Charity's spinal nerve and physical medicine clinics. At the time of trial, she still had no feeling from the mid-chest down, experienced constant pain in her shoulder and, although she had begun to walk some without a cane, she was still limited by lack of endurance and poor balance. She testified that she is unable to work because of poor balance, illustrated by her inability to pick up darts unassisted (she had previously been a very good dart player) and two falls she suffered due to lack of balance and feeling in her feet. Appellee testified that she is concerned about the lack of feeling, since she cannot feel wounds on her lower body. She has suffered cuts and burns on her feet which she could not feel. She has looked for work but has not found anything she can do. Her sources of support are Supplemental Security Income and Social Security. Her husband has died since the time of the accident.

Appellee believes that she has suffered a spinal cord injury rather than a stroke.

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Cite This Page — Counsel Stack

Bluebook (online)
668 So. 2d 1161, 95 La.App. 5 Cir. 705, 1996 La. App. LEXIS 76, 1996 WL 14120, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cochennic-v-dillards-dept-store-warehouse-lactapp-1996.