Crawford v. PONTCHARTRAIN MATERIALS

960 So. 2d 946, 2006 La.App. 1 Cir. 1780, 2007 La. App. LEXIS 566, 2007 WL 914203
CourtLouisiana Court of Appeal
DecidedMarch 28, 2007
Docket2006 CA 1780
StatusPublished
Cited by5 cases

This text of 960 So. 2d 946 (Crawford v. PONTCHARTRAIN MATERIALS) 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
Crawford v. PONTCHARTRAIN MATERIALS, 960 So. 2d 946, 2006 La.App. 1 Cir. 1780, 2007 La. App. LEXIS 566, 2007 WL 914203 (La. Ct. App. 2007).

Opinion

960 So.2d 946 (2007)

Carl CRAWFORD
v.
PONTCHARTRAIN MATERIALS.

No. 2006 CA 1780.

Court of Appeal of Louisiana, First Circuit.

March 28, 2007.

*947 Prescott L. Barfield, Covington, for Plaintiff-Appellee Carl Crawford.

Travis R. LeBleu, Baton Rouge, for Defendants-Appellants Pontchartrain Materials, Inc. and Louisiana Workers' Compensation Corporation.

Before: PETTIGREW, DOWNING, and HUGHES, JJ.

PETTIGREW, J.

In this workers' compensation action, the parties dispute whether the claimant's present back complaints are the result of an employment-related accident. The employer and its insurer dispute that claimant's subsequent complaints of back pain stem from an accident on the job. The employer and the insurer now appeal from a judgment in favor of claimant awarding indemnity benefits and medical expenses together with penalties and attorney fees. *948 For the reasons that follow, we hereby affirm.

FACTS

Carl Crawford, claimant herein, had been employed since August 13, 2001, as a commercial truck driver making deliveries for Pontchartrain Materials, Inc., a/k/a Pontchartrain Materials Corporation ("Pontchartrain Materials"). After being employed by Pontchartrain Materials for a year, Mr. Crawford sought medical treatment for complaints of numbness in his legs. It was determined that Mr. Crawford suffered from a blocked artery in his right leg. He underwent surgery in which stents were placed in his right leg and left kidney. Mr. Crawford testified that he returned to work several days later and worked the succeeding sixteen or seventeen months without medication or additional complaints.

On July 22, 2003, while in the course and scope of his employment with Pontchartrain Materials, Mr. Crawford was directed to make a delivery of sand to Avondale. While unloading the sand from his truck, Mr. Crawford testified that a pressurized large rubber hose known as a vent line, which was not properly secured, suddenly whipped around and struck Mr. Crawford in the right leg, knocking him to the ground. Mr. Crawford stated that he thereafter got up and relieved the pressure on the vent line by turning off the ignition on his truck.

The following morning Mr. Crawford related details of the incident at Avondale to his fellow workers and showed them bruises that he sustained to his right hip and thigh. Mr. Crawford also notified the production manager at Pontchartrain Materials, Mr. Otha Wood, about the incident. Mr. Wood directed Mr. Crawford to write a detailed statement about what took place at Avondale. In his statement, Mr. Crawford stated that he "[w]as hit in growing [sic] of my right leg just above the knee. It is just brused [sic]." Mr. Crawford further stated that "[a]fter shuting [sic] down[,] I secure [sic] all lines and then was able to unload." As Mr. Crawford did not indicate that he had further injuries, Mr. Wood did not consider this incident to be an "accident," and consequently, did not make out an accident report. Mr. Wood further testified that he asked Mr. Crawford to provide a statement as a means of documenting delays incurred on the job at Avondale.

Approximately one week later, on August 1, 2003, Mr. Crawford underwent a routine physical examination as required periodically by the Louisiana Department of Transportation and Development ("DOTD") to certify his fitness as a commercial driver. No back complaints, limitation of movement, or restrictions were noted on the Medical Examination Report, and Mr. Crawford was recertified to drive commercially.

Mr. Crawford recalled that he attempted to resume his duties, but approximately one month later, he began having serious problems. According to Mr. Crawford, his legs started to bother him again just as they had prior to his stent surgery. Mr. Crawford further stated that he advised Mr. Wood that his legs were bothering him again and that he would need to return to his doctor. Mr. Crawford missed work periodically throughout the fall of 2003 due to complaints related to his kidney stents and back pain.

In January 2004, Mr. Crawford advised Mr. Wood that he was experiencing back problems that he attributed to the incident at Avondale in July 2003. Pontchartrain Materials took the position that Mr. Crawford did not sustain an "accident" as defined in the Louisiana Workers' Compensation Act. Pontchartrain Materials further averred that in the event an accident occurred, *949 then, and in that event, Mr. Crawford did not sustain said accident within the course and scope of his employment with Pontchartrain Materials. As a result Louisiana Workers' Compensation Corporation ("LWCC"), in its capacity as the workers' compensation insurer for Pontchartrain Materials, denied the claim and, accordingly, did not authorize medical treatment for Mr. Crawford.

ACTION OF THE TRIAL COURT

This matter proceeded to trial before a workers' compensation judge on April 26, 2006. At the conclusion of the trial, the workers' compensation court requested that both parties submit post-trial memoranda. On May 31, 2006, the workers' compensation court rendered judgment finding that Mr. Crawford "sustained a compensable work-related injury to his back as a result of a July 22, 2003 accident while working for Pontchartrain Materials." Accordingly, the workers' compensation court directed that temporary total disability benefits be awarded to Mr. Crawford in the maximum amount of $416.00 per week, based upon an average weekly wage of $673.84 retroactive to January 1, 2004 and payable until further orders of the court. The workers' compensation court also cast LWCC for all reasonable and necessary medical expenses related to Mr. Crawford's back injury, subject to the Workers' Compensation Fee Schedule and subject to a credit for any amounts paid by Mr. Crawford's private insurance. The workers' compensation court further held that Mr. Crawford did not violate the provisions of La. R.S. 23:1208 and assessed a penalty of $2,000.00 and attorney fees in the amount of $10,000.00 against LWCC for its failure to reasonably controvert the claim.

From this judgment, Pontchartrain Materials and LWCC have taken a suspensive appeal, and Mr. Crawford has filed an answer to the appeal. On July 20, 2006, Mr. Crawford moved for the expedited preparation of the record and an expedited appeal based upon the recommendation of Mr. Crawford's cardiologist that he must undergo back surgery. Pontchartrain Materials and LWCC opposed this motion on the grounds that (1) while Mr. Crawford's cardiologist recommended surgery, he did not opine that a delay of surgery would have any adverse effects; (2) matters concerning Mr. Crawford's need for back surgery were outside the expertise of his cardiologist; and (3) the workers' compensation court was divested of jurisdiction by the appeal. In a hearing held on August 3, 2006, the workers' compensation court denied Mr. Crawford's request for an expedited appeal. Mr. Crawford sought review of this denial in the appellate court, which ordered that this matter be placed on the next available docket.[1]

ISSUES PRESENTED FOR REVIEW

In connection with their appeal in this matter, Pontchartrain Materials and LWCC have set forth the following issues for consideration by this court:

1. Whether the workers' compensation court erred in holding that Mr. Crawford had sustained a work-related accident;
2. Whether the workers' compensation court erred in assessing penalties and attorney fees where the claim was reasonably controverted;
3.

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Bluebook (online)
960 So. 2d 946, 2006 La.App. 1 Cir. 1780, 2007 La. App. LEXIS 566, 2007 WL 914203, Counsel Stack Legal Research, https://law.counselstack.com/opinion/crawford-v-pontchartrain-materials-lactapp-2007.