DeFatta v. General Motors Corp.

605 So. 2d 616, 1992 La. App. LEXIS 2525, 1992 WL 197855
CourtLouisiana Court of Appeal
DecidedAugust 19, 1992
Docket23,748-CA
StatusPublished
Cited by5 cases

This text of 605 So. 2d 616 (DeFatta v. General Motors Corp.) 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
DeFatta v. General Motors Corp., 605 So. 2d 616, 1992 La. App. LEXIS 2525, 1992 WL 197855 (La. Ct. App. 1992).

Opinion

605 So.2d 616 (1992)

Steven DeFATTA, Plaintiff/Appellant,
v.
GENERAL MOTORS CORPORATION, Defendant/Appellee.

No. 23,748-CA.

Court of Appeal of Louisiana, Second Circuit.

August 19, 1992.

*617 Whitmeyer, Fischer & McMahon by Timothy R. Fischer, Shreveport, for plaintiff/appellant.

Lunn, Irion, Johnson, Salley & Carlisle by Frank M. Walker, Jr., Shreveport, for defendant/appellee.

Before NORRIS, LINDSAY and BROWN, JJ.

NORRIS, Judge.

Steven DeFatta appeals a judgment that rejected his claim for workers compensation benefits. He urges, in essence, that the trial court was clearly wrong in finding that he failed to prove a compensable claim after February 24, 1988, by a preponderance of evidence. For the reasons expressed, we affirm.

Background facts

DeFatta went to work at age 25 on the assembly line of Shreveport's General Motors plant. In July 1986 he reported to the plant medical director with severe pain in his right hand. At trial he testified this resulted from an injury on the job; however, his treating physician, orthopedist Carl Goodman, testified that the job merely aggravated a pre-existing condition. Dr. Goodman found "hard swelling" on the back of DeFatta's right wrist and diagnosed tendinitis.

On July 18, 1986 Dr. Goodman operated to remove an exostosis (bony prominence) that was interfering with the motion of the tendons on the back of DeFatta's hand. The operation went well; within a month DeFatta was back at the plant on light duty, such as sweeping. Ultimately he returned to heavy work on the line installing dashboards. During this time he complained of pain in his right hand. Dr. Goodman's medical notes from October 1986 record "some persistent swelling and pain" and, in March 1987, "some enlargement at the base of the metacarpals." Dr. *618 Goodman testified, however, that during this time he never saw actual swelling or redness or felt heat in the area.

In May 1987 DeFatta went to another orthopedist, W.S. Bundrick, who diagnosed traumatic exostosis and tendinitis of the right wrist. About a week later DeFatta returned to Dr. Goodman, who confirmed it was a bony enlargement of the second and third metacarpal bones, probably a result of the first operation.

On May 28 Dr. Goodman performed a second operation, again to remove the exostosis. This time recovery was somewhat slower; in late July DeFatta went to a different orthopedist, Clinton G. McAlister. Dr. McAlister found tenderness with no real swelling, sensation intact and motor strength good. He felt that DeFatta could not do his regular work but could handle limited work with no heavy lifting or fine, repetitive motion of the upper extremity. By August 7 Dr. Goodman recommended that DeFatta be placed in a job where he "primarily uses his left hand and the right hand is just used for support." His work release, dated August 21, specified "no heavy lifting, gripping or straining" in the right hand for three months. Throughout this time DeFatta continued to complain of pain in the hand.

Mrs. Carroll, in GM's personnel department, testified that there were no jobs available at the plant to meet Dr. Goodman's limitations. She therefore kept De-Fatta on temporary total benefits, which he had been drawing since June 1987.

Later, Dr. Goodman extended the limitations until January 1988. He also consulted with Dr. McAlister; both agreed that DeFatta's work activity should be limited and that a surgical fusion of the wrist, which would fix the joint in a fairly rigid position, might afford some relief but should be considered a last resort. On February 15, 1988 DeFatta returned to Dr. Goodman, still complaining of pain. Though Dr. Goodman found full function and range of motion, minimal tenderness, and no redness or heat, he recommended continuing the limitations indefinitely.

At this time Mrs. Carroll felt that there was an available job, heater core install, that was within DeFatta's limitations though it required the use of a lightweight power tool. Mr. Eugene Gobert, a production supervisor, testified that the job was actually center duct install; DeFatta himself called it "inside heater install." Regardless of the exact name of the job, Mrs. Carroll felt DeFatta could do it and she discontinued his benefits on February 24, 1988.

DeFatta went to the company doctor, V.M. Osetinsky, that day and was given a work release for "no lifting over 20 lbs. with the right hand, no power tools over 30 newtmeters, no manipulative fine movements." DeFatta reported to the plant that night for his evening shift. As Mr. Gobert was walking him to the workstation to show him the new job, DeFatta suddenly said he had more restrictions than those listed in Dr. Goodman's note. He left the plant without attempting the job.

DeFatta returned to Dr. Goodman on February 29 and was given a work release with stricter limitations not to use any power tools or lift more than 10 lbs. on a repetitive basis. On March 1 he returned to Dr. Osetinsky who wrote a note saying, "No power tools of any kind, no lifting over 10 lbs. on a repetitive basis, permanent restriction."

DeFatta reported for work that evening and Mr. Gobert placed him on a new job, RC rod install, which requires no power tools but uses pliers to take caps off the rods. Mrs. Carroll testified that this job was within all the limitations. DeFatta felt the job would be beyond his limitations, but he attempted it. He testified that it was an easy job, yet his wrist started swelling within one hour, so he reported to medical and iced it down for a few minutes. De-Fatta's fellow employees, Daison and Kerr, as well as his union committeeman, Keyes, verified that his hand was swollen and he was in apparent pain. Mr. Gobert, who watched only the beginning of DeFatta's shift, thought he was doing all right. After the ice treatment, DeFatta returned to the line and worked until the swelling recurred; *619 he went back for more ice treatment, then returned to the line. The third time he came back for ice, the duty nurse told him just to go home.

The following day DeFatta returned to Dr. Osetinsky, who upgraded the restrictions to "no fine or repetitive movements, no lifting over 5 lbs. with right hand, no use of pliers, no punching or squeezing with right hand, till 30 June 1988." DeFatta did not attempt to resume work at GM after March 1. Dr. Goodman also signed an attending physician's report saying that DeFatta was totally disabled until June 30, 1988.

Mrs. Carroll phoned Dr. Goodman on March 9 and described two jobs, heater core install and RC rod install, which she still felt DeFatta could perform. Dr. Goodman agreed that these jobs should be within the limitations. Two days later, in an office visit, DeFatta told Dr. Goodman he had tried the RC rod install job but was unable to do it. In a physical exam, however, Dr. Goodman still found "No redness, heat or swelling. Full function." He agreed with Dr. Osetinsky's limitations.

At GM's request, DeFatta was examined by yet another orthopedist, W.W. Fox, on March 15. Dr. Fox found a diminished range of flexion in the right wrist and "a little tenderness" at the bases of the second and third metacarpals. He compared DeFatta's limitations with a description of the heater core job and concluded that De-Fatta could indeed perform that job. Dr. Fox did not recommend any physical treatment, but advised that if DeFatta felt he could not perform the job, he should get psychological testing to address his "subjective complaints and hostility" which were "out of proportion to his lack of objective findings."

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Cite This Page — Counsel Stack

Bluebook (online)
605 So. 2d 616, 1992 La. App. LEXIS 2525, 1992 WL 197855, Counsel Stack Legal Research, https://law.counselstack.com/opinion/defatta-v-general-motors-corp-lactapp-1992.