Fontenot v. Ramey Well Service

191 So. 2d 353, 1966 La. App. LEXIS 4727
CourtLouisiana Court of Appeal
DecidedOctober 20, 1966
DocketNo. 1796
StatusPublished
Cited by4 cases

This text of 191 So. 2d 353 (Fontenot v. Ramey Well Service) 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
Fontenot v. Ramey Well Service, 191 So. 2d 353, 1966 La. App. LEXIS 4727 (La. Ct. App. 1966).

Opinion

HOOD, Judge.

This is a workmen’s compensation suit instituted by Celestan Fontenot against his employer, Ramey Well Service, Inc., and its insurer, The Travelers Insurance Company. Judgment was rendered by the trial court in favor of the defendants, and plaintiff has appealed.

The principal questions presented are: (1) Has plaintiff been disabled as the re-[354]*354suit of a work-connected accident which occurred on March 3, 1964? and (2) Is plaintiff entitled to compensation benefits under the provisions of LSA-R.S. 23:1221 (4) (p) on the ground that the usefulness of a physical function has been impaired?

The accident which gave rise to this suit occurred on March 3, 1964. At that time, plaintiff was 39 years of age, and he was working as a roughneck for defendant, Ra-mey Well Service, Inc. He had worked principally as a roughneck in oil fields for about thirteen years prior to that date.

Plaintiff testified that he has been disabled from performing the work of a roughneck since the date of the accident. His symptoms have changed somewhat from time to time, but he testified that at the time of the trial, which occurred about nineteen months after the accident, he was disabled because of pain in his right shoulder, right arm and right hand, and pain and numbness over an area extending from the sternum around the right side of his chest, to a point near his spine.

The evidence shows that at about 1:30 p.m. on March 3, 1964, while plaintiff was using a pipe wrench in the course of his employment, the wrench broke and a part of it struck him in the chest, knocking him to the ground and causing him to lose consciousness momentarily. Pie resumed working a few minutes later, and he« continued to work the rest of that day and during all of the next five days. On March 9, he consulted his family physician, Dr. R. E. Landreneau, a general surgeon, who concluded that as a result of the accident plaintiff sustained injuries consisting of contused ribs, a bruised left forearm and a very mild intercostal neuritis. He also found that plaintiff had a pre-existing peptic ulcer, which at that time was causing nausea and severe epigastric pain, and he hospitalized plaintiff for three days for treatment of the ulcer and his injuries. There was no relationship, of course, between the above described accident and plaintiff’s ulcer. The doctor released plaintiff from treatment on March 12, as being able to return to his full employment on the next day.

Plaintiff resumed work as a roughneck on March 17 and 18, 1964, but he returned to Dr. Landreneau on March 21, complaining that he experienced pain in his chest when he strained. An intercostal nerve block was administered and this relieved the chest pain, but plaintiff thereafter complained of pain in his stomach, and the doctor felt that his ulcer was still bothering him. On April 1, 1964, the doctor concluded that plaintiff had recovered from all of his complaints, and he again discharged him as being able to return to his employment. Fontenot has never returned to work as a roughneck since that time, but he has worked as a carpenter’s helper, a pa'inter, a taxi driver and as a clean-up man in a service station.

Fontenot returned to Dr. Landreneau about four months later, on August S, 1964, complaining that he had lost some strength in his right arm, which hampered him in his carpentry and painting work. Dr. Lan-dreneau found subjective symptoms which he thought might indicate an intercostal neuritis, and he referred plaintiff to Dr. Joseph M. Edelman, and later to Dr. John D. Jackson, both of whom are neurosurgeons, for' examination. These specialists reported that they found no objective signs of injury or disability. Dr. Landreneau nevertheless made other examinations and concluded that plaintiff had an intercostal neuritis, with “an awful lot of psychological overlay,” and he performed a “neurectomy” on plaintiff on November 3, 1964, severing three nerves in the chest area. Good results were obtained from the operation, but within a month thereafter plaintiff began complaining of pain in different areas, including pain in the low back, pain in his neck and gastric disturbances.

Dr. Landreneau continued to treat plaintiff until January 20, 196S, but on that date he finally discharged him, stating that [355]*355Fontenot had “completely recovered and could resume heavy work,” except that he could not work as a roughneck in an oil field. Because of his inability to do that type work, he estimated that plaintiff has a ten percent permanent disability. In describing plaintiff’s condition at that time, Dr. Landreneau stated that he could use a sledge hammer, drive 'a truck, work with a shovel, handle an air hammer, and do almost any other kind of hard manual labor, but he felt that plaintiff would not be able to do the work of a roughneck which required that he lift heavy timber and pipe and carry these heavy objects against his chest. He stated that when he finally discharged plaintiff there was no impairment of any function, that there was no loss of muscle tone and that plaintiff had “no more pain and no more complaints referable to this area.” He bases his estimate of disability on the fact that “if he’d have to be in a place where he could be struck again by a heavy chain or be hit by pipes that were swinging back and forth on the oil rig, I think he could begin to traumatize his chest to make the other intercostal nerves hurt again.”

Dr. Edelman, one of the neurosurgeons to whom plaintiff was referred by Dr. Landreneau, examined Fontenot on September 1, 1964, and on February 5, 1965. He could find no basis for any of plaintiff’s complaints and was firm in his opinion that plaintiff was fully able to perform heavy manual labor. He stated, “I mean he’s an able-bodied man. I can’t see why there’s any kind of work he couldn’t do.”

Dr. Jackson, the other neurosurgeon already mentioned, examined plaintiff on September 10, 1964, and stated that, “This patient presents an objectively normal neurological examination and the x-ray examination is within normal limits.” He thought there may be some psychological factor perpetuating plaintiff’s complaints of pain, and because of that he recommended that plaintiff be treated “with encouragement and tranquilizers and advise him to attempt to return to work.” He also suggested, however, that “if Dr. Landre-neau could localize this pain to one specific nerve, then he might consider it worthwhile to perform a removal of the intercostal nerve that is involved.”

Shortly after being discharged for the second time by Dr. Landreneau, plaintiff consulted Dr. Roderick P. Perron, a general practitioner in Mamou, who examined him on April 3, 1964. Dr. Perron found no objective signs of injury, but based on plaintiff’s subjective complainfs he concluded that he had sustained “an’ injury to the right anterior chest wall which had produced some myitis secondary to the trauma.” He felt that within three to six weeks plaintiff should be able to return to work without any pain whatsoever. Dr. Perron later referred plaintiff to Dr. Norman P. Morin and to Dr. Luke R. Borde-lon, orthopedic surgeons, for further examinations.

Dr. Morin examined Fontenot on June 9, 1964, and Dr. Bordelon examined him on July 16, 1964, and on February 12, 1965. Both of these orthopedic surgeons testified that they were unable to find any evidence of injury or disability, and they found no explanation of plaintiff’s ’ continued complaints of pain.

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Bluebook (online)
191 So. 2d 353, 1966 La. App. LEXIS 4727, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fontenot-v-ramey-well-service-lactapp-1966.