Creel v. Concordia Elec. Co-Op., Inc.

670 So. 2d 406, 1996 WL 34444
CourtLouisiana Court of Appeal
DecidedJanuary 31, 1996
Docket95-914
StatusPublished
Cited by14 cases

This text of 670 So. 2d 406 (Creel v. Concordia Elec. Co-Op., Inc.) 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
Creel v. Concordia Elec. Co-Op., Inc., 670 So. 2d 406, 1996 WL 34444 (La. Ct. App. 1996).

Opinion

670 So.2d 406 (1996)

Norman CREEL, Plaintiff-Appellant,
v.
CONCORDIA ELECTRIC COOPERATIVE, INC., Defendant-Appellee.

No. 95-914.

Court of Appeal of Louisiana, Third Circuit.

January 31, 1996.
Writ Denied April 19, 1996.

*407 Jerry Lytel Lavespere Jr., Alexander, for Norman Creel.

James Edward Diaz Jr., Lafayette, for Concordia Electric Co-op, Inc.

Before DOUCET, C.J., and KNOLL and DECUIR, JJ.

DOUCET, Chief Judge.

The claimant, Norman Creel, appeals a judgment rendered by the hearing officer in this worker's compensation case.

The underlying facts were outlined in a earlier appeal of this matter:

Claimant was a utility company employee charged with the responsibility of repairing downed utility lines. On August 7, 1991, adverse weather conditions resulted in the loss of power to one or more residences.
Exactly what occurred at the scene of the accident is disputed. According to claimant, he first attempted to remove a blown fuse with a long telescopic rod. Unsuccessful in his initial efforts to change the fuse, he next climbed the pole and attempted to use a shorter telescopic rod, or "hot stick." According to defendant, claimant never tried to use the long rod, but only climbed the pole and used the *408 "hot stick" when the longer rod was available.
In any event, there is no question that claimant failed to use certain heavy safety gloves, which were designed at least in part to protect him from the perils he would encounter in handling the "hot stick." Nor does anyone question that claimant sustained injuries when he was shocked in the course and scope of his employment.

Creel v. Concordia Elec. Co-op., Inc., 93-1329, pp. 1-2 (La.App. 3 Cir. 5/4/94); 640 So.2d 507, writ denied, 94-1423 (La. 9/16/94), 642 So.2d 199.

After the initial trial of this matter, the claimant was denied benefits because of his failure to use gear designed for his protection. The claimant appealed the dismissal of his claim to this court. In Creel v. Concordia Elec. Co-op., Inc., 640 So.2d 507, this court found that the failure to wear safety gloves did not render the injury noncompensable. As a result the matter was remanded to the hearing officer for determination of Creel's claims for medical benefits, compensation benefits, penalties, and attorney fees.

After remand, another hearing was held at which additional evidence was adduced. The hearing officer rendered judgment denying Creel's claim for temporary total disability benefits. She made an award for disfigurement of 66 2/3% of claimant's wages for 100 weeks, but suspended the benefits during claimant's incarceration. Claimant appeals. The employer has answered the appeal.

TEMPORARY TOTAL DISABILITY BENEFITS

The claimant contends that, based on the evidence, the hearing officer erred in failing to award temporary total disability benefits. The hearing officers findings must be reviewed under the manifest error standard.

In a worker's compensation case, as in other cases, we are bound by the manifest error rule and we may not set aside the trial court's findings of fact unless they are clearly wrong or manifestly erroneous. Smith v. Louisiana Dept. of Corrections, 93-1305 (La. 2/28/94), 633 So.2d 129. Even though an appellate court may feel its own evaluations and inferences are more reasonable than those of the factfinder, reasonable evaluations of credibility and reasonable inferences of fact should not be disturbed upon review where conflict exists in the testimony. Smith, supra.; Rosell v. ESCO, 549 So.2d 840 (La.1989).

Kampen v. Conway Southwest Exp., 95-45, p. 12 (La.App. 5 Cir. 4/12/95), 655 So.2d 380, 385.

Creel claims physical and psychological disability. The record contains the testimony of a number of doctors with regard to Creel's condition. Creel was first taken to the emergency room of his local hospital. He was transferred, almost immediately, to the LSU Burn Center in Shreveport, Louisiana. There he was treated by Dr. Edwin A. Deitch and his partner, Dr. Kevin Sittig, both burn specialists. Dr. Deitch testified that Creel had burns on 14% of his body. 3 ½ to 4% of the body surface had sustained third degree burns. The remaining area sustained second degree burns. Creel remained in the burn unit for 16 days. The first 4 to 5 days of treatment consisted of local wound care and physiologic and metabolic support. The staff made sure there were no complications such as neurological deficits, heart problems or breathing problems. Creel's need for increased fluids and other materials was supplied. On the fourth or fifth day, they took Creel to surgery. They removed dead tissue on the areas of third degree burns over the anterior chest and laterally towards the shoulder and grafted skin onto the burn area. At the time of discharged, the skin grafts were 90-95% healed. 95 to 100% of the grafts had "taken." Dr. Deitch explained that areas of second degree burn do not require surgery. He further explained that areas which sustain third degree burn lose nerve tissue. As a result, those areas feel different from normal skin. Those areas further lose sweat glands so that they tolerate heat less well. The most common symptoms are itchiness and a burning or tingling sensation. However, he testified after a year most people have no further problems with the graft area. At the time of his deposition on March 3, 1993, Dr. Deitch examined Creel. He opined that it was a not fully mature skin *409 graft. He felt that it would get better in time with pressure therapy. He felt the graft area was still active. He stated that with pressure garments the skin grafts don't get as thick as Creel's and mature faster. He stated that Creel had been fitted with pressure garments but would not wear them because of discomfort. He stated that without pressure garments the skin grafts can thicken up and take several years to mature, up to five for some people. Dr. Deitch saw no significant contracture. He felt that Creel had good ability to move his neck to any functional level that one would ask. He stated that if Creel tried to strain and move his neck as far as it would go there would be tightness, but that this would happen to anyone who really tried to stretch their neck. Dr. Deitch stated that the area would loosen up still more with exercise. He stated that 90% of persons with burns in that area do not have psychological problems.

Dr. Sittig treated Creel after his release from the burn unit. He told Creel to wear pressure garments with the addition of foam padding over the scar. When he saw Creel on January 21, 1992, he noted that the chest scars were less hyperemic and were beginning to soften. A neck contracture band had formed. This contracture band was released with a z-plasty closure on March 25, 1992. On April 9, 1992, the incision had healed. Creel was complaining of tingling feelings in the burn area. Creel missed appointments of June 2 and 9 and July 13, 1992. Sittig had determined that he would release Creel to work if all was well in those visits. He notes that Creel was previously limited only by the contracture band and that even the band caused no functional restriction of motion. He saw Creel on July 28, 1992. He found the level of healing and freedom of motion expected. His notes indicate that Creel had not been wearing his pressure garments because they were uncomfortable. He felt the burns were maturing spontaneously. He recommended continuous scar massage and moisturizers.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Dupard v. MMR Constructors, Inc.
182 So. 3d 144 (Louisiana Court of Appeal, 2015)
Jackson v. Sanderson Farms, Inc.
923 So. 2d 707 (Louisiana Court of Appeal, 2005)
Thomas v. Browning-Ferris, Inc.
871 So. 2d 1161 (Louisiana Court of Appeal, 2004)
Paul Thomas, Jr. v. Browning-Ferris, Inc.
Louisiana Court of Appeal, 2004
Bonin v. Ferrellgas, Inc.
855 So. 2d 781 (Louisiana Court of Appeal, 2003)
K-Mart v. Turner
799 So. 2d 594 (Louisiana Court of Appeal, 2001)
Gibson v. Lake Charles Ice Pirates
788 So. 2d 720 (Louisiana Court of Appeal, 2001)
Lyons v. Bechtel Corp.
788 So. 2d 34 (Louisiana Court of Appeal, 2000)
Jones v. Universal Fabricators
758 So. 2d 856 (Louisiana Court of Appeal, 2000)
City of Eunice v. Credeur
746 So. 2d 146 (Louisiana Court of Appeal, 2000)
Rideaux v. St. Landry Parish School Bd.
711 So. 2d 819 (Louisiana Court of Appeal, 1998)
Farmer v. Metro Light & Electrical Services, Inc.
708 So. 2d 1251 (Louisiana Court of Appeal, 1998)
Jones v. El Mesero Restaurant
702 So. 2d 1133 (Louisiana Court of Appeal, 1997)
Aymond v. RJ Jones & Sons
690 So. 2d 769 (Louisiana Court of Appeal, 1996)
Fritz v. Home Furniture-Lafayette
677 So. 2d 1132 (Louisiana Court of Appeal, 1996)

Cite This Page — Counsel Stack

Bluebook (online)
670 So. 2d 406, 1996 WL 34444, Counsel Stack Legal Research, https://law.counselstack.com/opinion/creel-v-concordia-elec-co-op-inc-lactapp-1996.