Deneault v. Alachua County School Bd.

555 So. 2d 909, 1990 WL 2063
CourtDistrict Court of Appeal of Florida
DecidedJanuary 12, 1990
Docket88-1775
StatusPublished
Cited by5 cases

This text of 555 So. 2d 909 (Deneault v. Alachua County School Bd.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Deneault v. Alachua County School Bd., 555 So. 2d 909, 1990 WL 2063 (Fla. Ct. App. 1990).

Opinion

555 So.2d 909 (1990)

Normand DENEAULT, Appellant,
v.
ALACHUA COUNTY SCHOOL BOARD and Professional Administrators, Inc., Appellees.

No. 88-1775.

District Court of Appeal of Florida, First District.

January 12, 1990.

*910 Martin J. Goldberg, Gainesville, for appellant.

Jack A. Langdon of Langdon & McCarty, P.A., Gainesville, for appellees.

ERVIN, Judge.

Normand P. Deneault, the claimant below, seeks review of a workers' compensation order denying his petition for modification of an order that had denied him additional disability benefits and additional medical expenses. We affirm in part and reverse and remand in part.

Claimant, age 53, was injured in an industrial accident occurring on February 19, 1982. At that time he had been employed by the Alachua County School Board for approximately six years as a carpenter/glazier. His injury, a recurrence of an inguinal hernia, occurred when he grabbed a putty bucket that had fallen from a truck. On March 1, 1982, Dr. Brient repaired the hernia. Claimant was paid temporary total disability (TTD) until May 23, 1983.

In early May 1983, claimant complained of pain near the incision site. It was thought that claimant's ilioinguinal nerve was irritated or entrapped by scar tissue. Claimant was given several pain prescriptions and a series of injections of local anesthetic and pure alcohol to permanently anesthetize the nerve. No relief was obtained, and after a referral to Dr. Orr, a urologist, was likewise unsuccessful, a second surgery was performed on October 13, 1982, by Dr. Brient, who was assisted by Dr. Orr. Dr. Brient removed wire sutures which had remained in claimant since his first hernia operation approximately 26 years previous and revised the repairs for both hernias. There was no evidence of irritation or entrapment of the ilioinguinal nerve.

The claimant had previously filed a claim for temporary partial disability (TPD) benefits, and a hearing was held on November 7, 1983. On December 20, 1983, an order was entered finding that claimant's continuing and chronic complaints of pain in the area of his hernia and subsequent surgical repairs were causally related to his industrial accident of February 19, 1982. The employer/carrier (E/C) was ordered to pay TPD benefits from May 23, 1983 through the date of the order. An appeal to this court resulted in affirmance of that *911 order. Alachua County School Bd. v. Deneault, 455 So.2d 1033 (Fla. 1st DCA 1984).

The E/C suspended benefits after December 20, 1983 (the date of the order). Claimant, however, continued to experience pain and filed several claim forms requesting TTD from January 17, 1984 to the present and continuing. Claimant consistently described his injury as an irritation to the ilioinguinal nerve. A hearing on that claim was held on January 28, 1985.

The deposition of Dr. Mansheim, an internist, was admitted at the hearing. He diagnosed the abdominal hernia on January 22, 1982, and referred claimant to Dr. Brient. When claimant complained of pain at the incision site, Dr. Mansheim referred claimant back to Brient, thinking the cause was postoperative neuritis (nerve-type pain). He testified that the neuritis seemed to be related to the hernia, however, no objective reason was ever found for claimant's pain. Nevertheless, claimant associated it with the operation. Dr. Mansheim prescribed various pain medications without success so he eventually referred claimant to a pain clinic at the University of Florida. It was Mansheim's opinion that the pain was not debilitating.

At the time claimant was referred to the pain clinic, Dr. Mansheim noticed claimant had "loose associations," thereby making it difficult to diagnose claimant's condition. Dr. Mansheim recommended claimant see a psychologist, and he was referred to one at the pain clinic. The psychologist found no severe psychopathology, although he did find significant depression and anxiety. Claimant, however, indicated that he did not want further psychological intervention.

During the ensuing months, Dr. Mansheim received handwritten notes from claimant regarding his symptoms which, according to Dr. Mansheim, made no sense. For example, claimant complained that his pain had extended to his head and chest, which, in Dr. Mansheim's view, was anatomically impossible in view of the fact that claimant had suffered a recurrence of an inguinal hernia. He opined that claimant appeared to be obsessed by pain that had originally begun as probable incisional pain. He noted that most of claimant's complaints were not related to neuritis, with the possible exception of the postoperative incisional pain. In his view claimant's neuritis should have then been resolved. He was moreover unable to find any objective abnormalities, but conceded that claimant had a severe problem, requiring psychiatric treatment, because he had lost insight into his problems and could no longer function in society and work.

Dr. Berger, an anesthesiologist, testified that he treated claimant at the pain clinic. He said that claimant had symptoms of trauma to his nerves. It was his opinion that the pain in claimant's groin was consistent with ilioinguinal nerve neuritis or neuroma (tumor) formation secondary to the surgery. He also testified that claimant had sympathetic dystrophy in the lower extremities, which could have been related, although he was unable to so state positively. He also found evidence of vascular stenosis, which was unrelated to the hernia. Dr. Berger testified that the alcohol injections, if they did not completely destroy the nerve, could have aggravated or caused neuritis. He moreover was not treating claimant for ilioinguinal neuritis, but rather was treating him for supposedly reflex sympathetic dystrophy in the lower extremities. Finally he opined that claimant was not disabled due to the groin pain.

Dr. Orr, the urologist, testified that there was no obvious cause for claimant's pain and that the second operation revealed no entrapment of the ilioinguinal nerve or damage to the spermatic cord.

The judge entered an order on April 29, 1985, denying the claim for ongoing TTD benefits in connection with claimant's hernia injury. Specifically, he found that claimant failed to prove he was totally disabled, because there was no medical evidence to justify total disability resulting from the compensable hernia. Furthermore, claimant had failed to conduct a good faith job search. Claimant appealed pro se, which resulted in an affirmance of the order of April 29, 1985. Deneault v. Alachua *912 County School Bd., 489 So.2d 740 (Fla. 1st DCA 1986).

Claimant filed a new claim for benefits dated June 20, 1986, requesting permanent total disability (PTD), in connection with physical problems allegedly flowing from his hernia injury, from January 14, 1984 and continuing. At the hearing held on February 2, 1987, claimant was unrepresented. He offered no medical testimony to connect his present physical complaints to the 1982 hernia. Following the hearing, the judge gave claimant additional time to submit medical evidence to support his claim, however, claimant failed to do so. An order was issued on May 14, 1987, again denying the claim. Specifically, the judge found that claimant had recovered from his compensable hernia and that his multitude of other problems or complaints were not related to the compensable hernia sustained on February 19, 1982.

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555 So. 2d 909, 1990 WL 2063, Counsel Stack Legal Research, https://law.counselstack.com/opinion/deneault-v-alachua-county-school-bd-fladistctapp-1990.