Crockett v. St. Paul Ins. Co.

413 So. 2d 949, 1982 La. App. LEXIS 7207
CourtLouisiana Court of Appeal
DecidedApril 13, 1982
Docket14724
StatusPublished
Cited by13 cases

This text of 413 So. 2d 949 (Crockett v. St. Paul Ins. 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
Crockett v. St. Paul Ins. Co., 413 So. 2d 949, 1982 La. App. LEXIS 7207 (La. Ct. App. 1982).

Opinion

413 So.2d 949 (1982)

Ruby CROCKETT
v.
ST. PAUL INSURANCE COMPANY, et al.

No. 14724.

Court of Appeal of Louisiana, First Circuit.

April 13, 1982.
Rehearing Denied May 25, 1982.

Hobart O. Pardue, Jr., Springfield, for plaintiff.

Denis Paul Juge, New Orleans, for defendants.

Before COVINGTON, COLE and WATKINS, JJ.

*950 COVINGTON, Judge.

The plaintiff, Ruby Crockett, brought this suit seeking workers' compensation benefits for an accident which allegedly occurred on November 20, 1978. Named as defendants are the plaintiff's employer, Seventh Ward General Hospital, and its workers' compensation insurer, St. Paul Insurance Company.[1] After trial on the merits, the court rendered judgment in favor of the plaintiff and against the defendants, in solido, for weekly compensation in the amount of $120.00 per week beginning November 20, 1978, during the period of her disability. The judgment further ordered that all accrued amounts, with interest, be paid in a lump sum. The defendants were ordered to pay all medical expenses, expert witness fees and costs of the litigation. The plaintiff was denied penalties and attorney's fees. The defendants have perfected this appeal. We affirm.

The primary issue on this appeal is whether the evidence supports the trial court's finding that the plaintiff was totally and permanently disabled as a result of her injury. The record shows that at the time of her injury, she had been employed by Seventh Ward General Hospital for a period of about 19 years, and was receiving wages at the rate of $4.10 per hour for an eight hour day as a respiratory technician. On November 20, 1978, she injured her back while turning a patient. She stated that "something popped in my back and hurt my back." She saw Dr. Merlin Allen about 30 minutes after the incident, and the doctor prescribed medication. She also reported the injury to her supervisor and turned in an incident report. Dr. Allen verified that he had seen the plaintiff and prescribed medication for her on that occasion. He has continuously treated her thereafter.

Although experiencing pain, Mrs. Crockett continued to work at the hospital. Dr. Allen testified that she "worked with pain." The plaintiff stated: "I could work as long as I took pain medicine." The record shows that she has experienced substantial pain as a result of her accident which prevents her from engaging in further employment.

Concerning his initial examination, Dr. Allen testified as follows:

"It was obvious and still is that Mrs. Crockett did have some type of traumatic injury to the back and in lifting the way she said she had received this injury to her back."

Dr. Allen prescribed soma compound which is a muscle relaxant, and advised her to seek physical therapy and ultrasound treatment in the hospital.

Dr. Allen next saw Mrs. Crockett in his office on November 29, 1978. He testified regarding that visit:

"The day I did see her here in the office and made an examination she had what I described as a very simple lumbarsacral muscle spasm and now this may be simple to us but it is very painful to the patient. And she was not able to really stand very well and she certainly was having difficulty.
. . . . .
"... So the visit of November 29th was to reinforce the fact she needed conservative medical management which included muscle relaxers, ultrasound in the hospital and heat and at this time I put her on a new drug which is Nalfon, which is a drug we use for inflammation, it's kind of anti-arthritic and also I gave her a prescription for Empracet which is a pain relieving medication that has codeine in it. And I told her that I would see her in the hospital and if she needed to come back to the office because everyday between November 29th, 1978 and really October 10th, 1979 I just don't know how many times I would see her in the hall and kind of perform a halfway physical examination and give her medications on refill."

Dr. Allen then saw Mrs. Crockett in his office on October 10, 1979. He gave his findings:

*951 "This time she was very, very tender in the back of the L-4 region and at this time I really felt as though that we were dealing with a possible disc."

Dr. Allen again saw Mrs. Crockett on October 31, 1979, and related her complaints as follows:

"... she stated she was really having a terrific amount of problems with her back, as a matter of fact the medication for pain that I was giving her, the Empracet was not really holding pain and she needed something stronger. It was at this time I felt as though that we needed to certainly consider the fact that she could see an orthopedic surgeon or even a neurosurgeon because anytime you start taking Percodan for back pain you move up the ladder and we needed to do something different."

She again saw Dr. Allen on December 12, 1979, and his report indicated that she was still experiencing pain, although some improvement was noted. He saw her on February 13, 1980, and prescribed stronger medication for the back inflammation.

Dr. Allen continued to treat Mrs. Crockett, and made the following notation concerning her visit of March 31, 1980:

"She stated she wasn't able to work without pain and she could hardly do her housework, certainly could not do any lifting... Physical examination of the back revealed just almost the same thing it did each time, she had tenderness in the lumbarsacral area which is around L-4, 5-S1."

Dr. Allen expressed his opinion concerning Mrs. Crockett's condition:

"... I really believe in my professional opinion she does have some type of early disc problem."

Dr. Allen corroborates plaintiff's testimony about her trying to obtain work and her inability to do so. His testimony in this regard is as follows:

"The last visit I saw her was March 31st, 1980 she was trying to work as a sitter with old people. And this is when she told me she was unable to pull on old people or to lift. That's true and usual, you know. This was the only employment as far as I know that she had."

Dr. Allen testified, regarding Mrs. Crockett's pain, as follows:

"Q. When you first saw her on November 29th, 1978 you have prescribed Nalfon and some pain pills?
A. Yes, some are compound and Empracet No. 3. She had the Empracet No. 3 in the hospital because I had given that prescription earlier. These were two new refills.
Q. You gave her pain pills because she was in pain?
A. Yes.
Q. She complained of pain?
A. Yes.
Q. And the pain would be compatible with your objective clinical findings?
A. Yes.
Q. I think you noted lumbarsacral muscle spasms?
A. Yes, that's what she has.
Q. Which was objective clinical findings that represent pain?
A. That is correct.
Q. And so I take it she continued to work at the hospital during this time?
A. She did, she was a very faithful, noble person, she worked with pain. I don't know whenever she quit work.
Q. When she was working she was working in pain?
A. Yes, I would say yes. She would have to have been taking the medicines she's on.
Q.

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413 So. 2d 949, 1982 La. App. LEXIS 7207, Counsel Stack Legal Research, https://law.counselstack.com/opinion/crockett-v-st-paul-ins-co-lactapp-1982.