Crawford v. Town of Grambling

211 So. 3d 660, 2017 WL 104509, 2017 La. App. LEXIS 41
CourtLouisiana Court of Appeal
DecidedJanuary 11, 2017
DocketNo. 51,090-WCA
StatusPublished
Cited by7 cases

This text of 211 So. 3d 660 (Crawford v. Town of Grambling) 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. Town of Grambling, 211 So. 3d 660, 2017 WL 104509, 2017 La. App. LEXIS 41 (La. Ct. App. 2017).

Opinion

WILLIAMS, J.

hln this workers’ compensation case, the employer, the Town of Grambling, refused to pay for the claimant’s recommended surgery. The workers’ compensation judge (“WCJ”) rendered judgment in favor of the claimant, ordering the Town of Gram-bling to pay for the claimant’s surgery. For the following reasons, we affirm.

FACTS

The claimant, Darren Crawford, was employed as a sanitation worker for the Town of Grambling. On October 9, 2001, the claimant was injured on the job when he lifted a garbage can. The claimant testified that he reported to his treating physician that he was experiencing pain in his right arm, neck and back.

Six weeks after the accident, the claimant was referred to Dr. Michael Ehrlich, a neurologist, for treatment. Initially, the claimant’s cervical complaints were the sole focus of his medical treatment. Over time, the claimant was evaluated and treated by a number of physicians, including Dr. David Cavanaugh, a neurosurgeon. In a document dated May 29, 2003, Dr. Cava-naugh noted the claimant’s cervical complaints and added that the claimant was experiencing “some low back pain with walking.” In a reported dated September 26, 2003, Dr. Cavanaugh noted that the claimant “states when he is walking, he’ll have some increased low back pain, and wonders if that is connected to his neck.”

In 2003, the claimant was referred to another neurosurgeon, Dr. Anil Nanda. Dr. Nanda recommended that the claimant undergo a cervical laminectomy. However, the claimant declined to do so, opting, instead, to continue conservative treatment.

^Meanwhile, the claimant’s lumbar issues worsened. The claimant testified that [662]*662he informed Dr. Ehrlich that he was experiencing back pain; however, Dr. Ehrlich did not note the claimant’s lumbar complaints in the medical records until 2005, when, according to the claimant, his back pain substantially worsened. More specifically, on August 3, 2005, the claimant stated that he awakened with severe back pain. He presented • to Dr. Ehrlich; he reported that he had not lifted any heavy objects or injured himself in any way. Initially, Dr. Ehrlich considered the complaint of back pain to be “acute” and/or “age related.” However, he later concluded that the claimant’s lumbar complaints were “definitely related” to post-accident decon-ditioning.

The employer initially paid for medical treatment related to the claimant’s lumbar complaints. However, in 2008, a new claims adjuster, Della Hildebrand, was assigned to the claimant’s case. Hildebrand scrutinized the claimant’s medical records and concluded that his lumbar issues were not related to his work injury. Hildebrand instructed the case manager “to inform Dr. Nanda that [the claimant’s] lumbar issues were not related to the work accident.” Consequently, the employer ceased payments for medical treatment related to the claimant’s lumbar complaints.

Over the years, the claimant continued to be evaluated by Dr. Nanda at intermittent intervals. Although Dr. Nanda had recommended a cervical laminectomy, he noted that the claimant could continue conservative treatment until he could no longer tolerate the symptoms. In 2007, Dr. Nanda began evaluating the claimant for both cervical and lumbar complaints. In 2012, Dr. Nanda recommended that the claimant undergo both cervical and lumbar laminectomies. Again, the claimant opted to ^continue conservative treatment instead. As the claimant’s symptoms worsened, he decided to undergo the cervical and lumbar surgeries. The employer agreed to pay for the cervical surgery, but denied payment for the lumbar surgery.

On January 25, 2013, the claimant filed a disputed claim for compensation, seeking a judgment compelling the employer to pay for the lumbar surgery. Prior to the trial, the parties stipulated as to the following facts: the claimant sustained a compensa-ble injury on October 9, 2001; the claimant sustained cervical injuries as a result of the accident; surgery for the cervical injuries was recommended; the claimant elected not to have the cervical surgery at that time; the employer did not deny payment for the cervical injuries; the employer initially paid for the treatment of the claimant’s lumbar complaints; the employer stopped payment for further treatment when it determined that the claimant’s lumbar complaints were not caused by the work accident; and the claimant’s treating physician had recommended surgery for the claimant’s lumbar complaints.

During the trial, the claimant testified as follows: on October 9, 2001, he attempted to lift a garbage can and “went numb in [his] right arm and under [his] neck”; his “lower back was kind of bothering” him, but the back pain “wasn’t as severe” as the pain in his neck; he thinks he may have told Dr. Ehrlich about his back injury when he began treatment; however, Dr. Ehrlich “wouldn’t treat [him] for it yet”; the pain in his lower back became more severe “as time went on”; he began experiencing numbness in his leg and “all up under the bottom of [his] feet”; Dr. Nanda provided treatment for his neck and back; Dr. Nanda informed him that he needed surgery on his neck and back; he believed the pain in his back is related to the accident at | ¿work; he was not having any back problems prior to the work accident; and he has not done anything to injure his back since the work accident.

[663]*663On cross-examination, the claimant testified that he did not report that he was experiencing back pain on the day of the accident. He also stated that he told Dr. Ehrlich about his back pain and Dr. Ehrlich should have noted the back pain in his medical records. The claimant testified that he does not know why his back pain was not mentioned in Dr. Ehrlich’s notes until 2005.

The claimant also responded to questions posed by the WCJ. The colloquy was as follows:

[WCJ]: [W]hen did you first start complaining about your back?
[CLAIMAINT]: I might have told Dr. Ehrlich about it[.] ... [I]t hadn’t got[ten] severe like it was[.] As time went on, it got worse, you know, during morning and like that, if I just couldn’t hardly move or walk.
[WCJ]: But that wasn’t [until] 2005?
[CLAIMAINT]: Yes, ma’am.
[WCJ]: So four years later?
[CLAIMANT]: Yes, ma’am.
[[Image here]]
I had been having a little symptoms. When I walked, it was numb and I was telling Dr. Ehrlich about it, you know, when I walked it kind of was getting numb down in my legs and in my feet area. But ... as time got on and when I woke up one morning it was just like I couldn’t get up out the bed[.] So that’s when I went on to Dr. lsEhrlich and told Dr. Ehrlich about the problem[.]
[[Image here]]

Della Hildebrand also testified at trial. She testified as follows: she was assigned to the claimant’s case in 2008; when she conducted a review of his file, she noticed that, in 2005, Dr. Ehrlich noted that the claimant had begun experiencing severe back pain when he got out of bed one morning; prior to that notation, there was nothing in the claimant’s medical records concerning his lower back; she believes the other claims adjusters “totally disregarded” the medical reports in the claimant’s file; and after she reviewed the records, she instructed the nurse case manager to inform Dr.

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Cite This Page — Counsel Stack

Bluebook (online)
211 So. 3d 660, 2017 WL 104509, 2017 La. App. LEXIS 41, Counsel Stack Legal Research, https://law.counselstack.com/opinion/crawford-v-town-of-grambling-lactapp-2017.