Crocker v. Home Insurance Co.

428 So. 2d 1280, 1983 La. App. LEXIS 7993
CourtLouisiana Court of Appeal
DecidedMarch 9, 1983
DocketNo. 82-585
StatusPublished

This text of 428 So. 2d 1280 (Crocker v. Home Insurance Co.) 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
Crocker v. Home Insurance Co., 428 So. 2d 1280, 1983 La. App. LEXIS 7993 (La. Ct. App. 1983).

Opinion

YELVERTON, Judge.

This is a suit by the appellant for worker’s compensation benefits based on disability resulting from a ruptured disc. The trial court dismissed the case, finding that the ruptured disc first discovered on February 17, 1981, and surgically removed on August 24, 1981, was not caused by the accident suffered by appellant on the job on September 30, 1980. We reverse and award bene[1281]*1281fits. We find that the trial court’s conclusion regarding causation was clearly wrong.

The accident was not disputed. Nor was the ruptured disc. The focus of attention at the trial was causation and this is the primary issue on appeal. Two other issues, disability and penalties, were not reached by the trial court because of the threshold dismissal. We will decide all three issues on the record before us in the order of (1) causation, (2) disability and (3) penalties and attorney’s fees.

CAUSATION

Appellant, Maria Crocker, 57, was employed as a security guard for Wackenhut Services, Inc., at a strategic petroleum reserve facility near Hackberry, Cameron Parish, Louisiana. On September 30, 1980, while she was exiting the guardhouse, the wind slammed a storm door against her body causing a wound on the back of her right leg. She was seen immediately by Dr. John Colligan in Hackberry and the wound was dressed. The wound became infected and on October 16 she was hospitalized at West Calcasieu-Cameron Hospital in Sul-phur, Louisiana.

Appellant claimed that the accident also injured her back. Her complaints of back pain during the succeeding days were corroborated by two co-employees. But Dr. Colligan said she did not mention a back injury the five times he saw her during the first two weeks following the accident. The accident report prepared by her supervisor also did not mention a back injury.

The first medical confirmation of back complaints occurred when she was hospitalized for the infection in mid-October. She was treated on this occasion by Dr. Walter Ledet, a specialist in the field of general and vascular surgery, and also by Dr. Samuel Jenkins, a general practitioner. Plain X rays revealed only arthritic changes in the lumbar spine. The hospital discharge summary dated three weeks after the accident contained the notation that the patient “continues to complain of back pain.”

Plaintiff was able to return to work on November 17, 1980, and she performed her regular duties until January 10, 1981. On that date she and her co-employees were terminated because of the closing of the employer’s office at Hackberry.

Appellant continued throughout this time to be troubled by both her right leg and her back. On February 9,1981, Dr. Jenkins put her back in the hospital and referred her to Dr. Dennis Walker, an orthopedic surgeon. Dr. Walker first examined her on February 16, 1981. The history was that plaintiff hurt her back when a door caught her in the autumn of 1980. The history included persistent low back pain which recently had begun to radiate down the right leg. Plain X rays, like those taken by Dr. Ledet during the October hospitalization, showed nothing significant, but a myelogram ordered by Dr. Walker on February 17, 1981, revealed a herniated disc at the L4-L5 level. The disc was surgically removed six months later.

Dr. Walker was the only orthopedist in the case and he was plaintiff’s treating physician for the back problem. Testifying by deposition, he said that the symptoms of a herniation initially are not usually as severe as they are later as it progresses. Asked whether an initial complaint of back pain made three weeks after an injury would be consistent with the expected development of a disc, he indicated that it would. He specifically addressed the relationship between the accident and the ruptured disc in the following language:

“. .. As far as the back injury itself is concerned, I feel quite certain, from especially the pathology I found at surgery and from the myelogram that was taken the day I first examined her, that there is a very definite correlation between those two events. In other words, that there was definitely a herniated degenerative disc and that the symptoms that she described to me, which she stated had existed from the time of her twisting injury when she was injured, I think that there was a definite correlation all the way along, chronologically, in that. What I 'am saying is that, if the back pain was more or less considered incidental at the time of her injury, and the leg was the [1282]*1282primary concern, that if the back was not specifically examined, then, until the pain became more severe, then there would be no reason for them to determine causal relationship; if you understand what I mean.”

There was evidence that once in 1979 while being seen by Dr. Jenkins for other problems plaintiff complained of low back pain which the doctor attributed to arthritis. Except for this, the evidence is uncon-tradicted that plaintiff had no problems with her back prior to the accident. There was no evidence that before the accident her ability to work or engage in other activities was impaired or that she complained of pain. Since the accident, however, she experienced increasing pain.

The trial court concluded that plaintiff’s back problem was not related to the accident of September 1980. This conclusion was based primarily on the deposition opinions of Drs. Ledet and Jenkins that appellant’s back condition in October 1980 was simply the result of the aging process. The conclusion was also based in part upon what the trial court regarded as the absence of corroboration of plaintiff’s back complaints during the first two or three weeks following the accident. The trial court also gave some consideration to the evidence of preexisting arthritis.

The findings of the trial court are clearly wrong when measured by the proper legal tests to prove causation. In fairness to the District Court, we note that the instant case was decided on May 26, 1982, which was before the decisions reached in the following cases: Guillory v. United States Fidelity and Guaranty Insurance Company, 420 So.2d 119 (La.1982); Hammond v. Fidelity and Casualty Company of New York, 419 So.2d 829 (La.1982); Martin v. H. B. Zachry Company, 424 So.2d 1002 (La.1982); Urbina v. Alois J. Binder Bakery, Inc., 423 So.2d 765 (La.App. 4th Cir. 1982); and Hebert v. Lake Charles American Press, 427 So.2d 916 (La.App. 3rd Cir.1983).

The cited cases have refined the nature of the required causal effect between the accident and the disability. Based on the principles enunciated by these cases, we reach the following conclusions: Before September 30, 1980, Ms. Crocker was not disabled and suffered no manifestations of back trouble. On that date she suffered a work-related accident when a door slammed into her body. Following the accident she experienced back pain which worsened and resulted in the discovery, four and one-half months later, of a ruptured disc, from which she is presently disabled. Her disability is presumed to have been caused by the accident. In addition, there was positive medical support by the only orthopedist to testify, who was also her treating physician for the back injury, on which to base a finding of causation. To the extent that the facts of this case need the support of a presumption, it has not been rebutted by defendants.

Accordingly, we reverse the trial court and find that plaintiff’s disability was caused by the accident of September 30, 1980.

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Related

Urbina v. Alois J. Binder Bakery, Inc.
423 So. 2d 765 (Louisiana Court of Appeal, 1982)
Hebert v. Lake Charles American Press
427 So. 2d 916 (Louisiana Court of Appeal, 1983)
Dusang v. Henry C. Beck Builders, Inc.
389 So. 2d 367 (Supreme Court of Louisiana, 1980)
Naquin v. Uniroyal, Inc.
405 So. 2d 525 (Supreme Court of Louisiana, 1981)
Martin v. HB Zachry Co.
424 So. 2d 1002 (Supreme Court of Louisiana, 1982)
Guillory v. US Fidelity & Guar. Ins. Co.
420 So. 2d 119 (Supreme Court of Louisiana, 1982)
Hammond v. Fidelity & Cas. Co. of New York
419 So. 2d 829 (Supreme Court of Louisiana, 1982)
Taintor v. Standard Supply & Hardware Co.
398 So. 2d 1269 (Louisiana Court of Appeal, 1981)

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Bluebook (online)
428 So. 2d 1280, 1983 La. App. LEXIS 7993, Counsel Stack Legal Research, https://law.counselstack.com/opinion/crocker-v-home-insurance-co-lactapp-1983.