Golden Poultry Co., Inc. v. Staggs

660 So. 2d 1348, 1995 Ala. Civ. App. LEXIS 308, 1995 WL 326956
CourtCourt of Civil Appeals of Alabama
DecidedJune 2, 1995
Docket2940101
StatusPublished
Cited by13 cases

This text of 660 So. 2d 1348 (Golden Poultry Co., Inc. v. Staggs) is published on Counsel Stack Legal Research, covering Court of Civil Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Golden Poultry Co., Inc. v. Staggs, 660 So. 2d 1348, 1995 Ala. Civ. App. LEXIS 308, 1995 WL 326956 (Ala. Ct. App. 1995).

Opinion

THIGPEN, Judge.

In November 1993, Dorothy Staggs filed a complaint seeking workers’ compensation benefits by alleging that she had injured her left knee, in December 1992, while working within the line and scope of her employment with Golden Poultry Company, Inc. (Golden). She further alleged that she had suffered a permanent total disability as a result of this job-related accident. Golden answered, admitting that Staggs had suffered an injury while acting in the line and scope of her employment, but contending that a dispute existed as to the degree of her injury and the resulting disability.

Following ore tenus proceedings, the trial court found that Staggs had suffered a 60% loss of earning capacity as a result of her permanent partial disability, and that she was temporarily totally disabled from February 1993 until January 1994. Golden’s post-judgment motion was denied; hence, this appeal.

Golden raises two issues on appeal: (1) whether the trial court erred in finding that Staggs was totally disabled from February 1993 through January 1994, and (2) whether the trial court erred in finding that Staggs had suffered a 60% loss of earning capacity.

[1350]*1350At the time of the trial, Staggs was 59 years old, had a ninth-grade education, had a work history of performing only manual labor jobs, and had been declared totally and permanently disabled by the Social Security Administration. To perform her job as a liver puller, Staggs stood on a raised platform approximately six hours per day and pulled livers from approximately 45 chickens per minute. She testified that she was injured in December 1992, when she twisted her knee and fell as she stepped down from the raised platform, and that she reported the injury to her supervisor, Emma Thompson, who sent her to the nurses’ station. She testified that an ice pack was applied to her knee, and that she subsequently attempted to return to performing her job. Staggs testified that the following day, she returned to the nurses’ station because her leg was swollen, and that several days later, she sought treatment from Dr. David Khoo, an orthopedic surgeon approved by Golden.

In January 1993, Dr. Khoo performed arthroscopic surgery on Staggs’s knee, and in February 1993, he released her to return to work. Staggs testified that she returned to work and attempted to resume her regular duties; however, on her first day back at work, her leg was swollen and hurting after approximately three hours. Staggs testified that for that day, she was assigned other duties where she was allowed to sit while performing a job. One of Golden’s nurses examined Staggs’s leg when she returned to work and noted that Staggs was favoring her left leg, and that the knee appeared to be “off-centered.” Staggs further testified that, although she finished her shift, she was not able to return to work the next day, and that several days later, Golden terminated her employment.

Staggs testified that within a few days after her attempted return to work, she told Jan Smith, a nurse at Golden, who apparently handled the workers’ compensation claims, that she needed another doctor’s appointment. She further testified that in May 1993, her attorney requested a list of approved workers’ compensation doctors, but that Golden did not provide the list until August 1993, and that Golden did not schedule her doctor’s appointment until October 1993. Staggs stated that her initial delay in seeking additional medical treatment when her condition did not improve was based upon her lack of financial means, and because she erroneously believed that she no longer had workers’ compensation coverage because of her employment termination. She returned to Dr. Khoo’s office in July 1993.

Dr. Gilbert R. Melson, II, an orthopedic surgeon, first saw Staggs in October 1993; he stated that, although Staggs’s medical history regarding the leg revealed that her treatment had included arthroscopic surgery, an arthroscopic abrasion chondroplasty, and a lateral meniscectomy on her knee, kneecap, and thighbone, she had continued to have pain. Dr. Melson testified that Dr. Khoo’s medical notes indicated a diagnosis of an internal knee derangement and a torn knee cartilage; however, his own examination indicated that she had chondromalacia of the knee, which is a condition that causes cartilage to become torn, chipped, and ragged. Dr. Melson testified that this condition led to the grinding or grading of the surfaces between the kneecap and the thighbone portion of the knee joint, and that it was his opinion that Staggs’s present condition was caused by the accident or injury she suffered on the job. He testified that on subsequent doctor’s visits, Staggs continued to have swelling, aching, and pain in her knee, and that “she still had a tendency for some slight drift of the knee when she bore weight.” He further testified that when he last saw Staggs in May 1994, her condition was essentially unchanged, that his prognosis was that additional arthritic conditions would develop, and that her condition would gradually worsen and require further surgical procedures, specifically, arthroplasty or total knee replacement. Dr. Melson testified that Staggs had a 20% impairment to the lower extremity, resulting in an 8% impairment to the body as a whole, and that Staggs had reached maximum medical improvement before March 1994. He placed permanent restrictions on Staggs’s activities, including the amount of time she could sit or stand, the amount she could lift, carry, push, or pull, no squatting, bending, or crawling, and limited climbing and reaching.

[1351]*1351Dr. David Khoo, Staggs’s initial treating physician, diagnosed her condition in July 1993 as chondromalacia, i.e., a deteriorating kneecap. He testified that she might develop arthritis, and that chondromalacia never completely heals. He further testified that medical conditions such as Staggs’s tend to worsen with time. He restricted her to light-duty work, which was one step above sedentary level.

Emma Thompson, Staggs’s supervisor at Golden, testified that Staggs was a good employee, that Staggs had made no complaints about her health before her injury, and that when Staggs returned to work after her surgery, she was unable to perform her regular job duties. Thompson testified that Staggs appeared to be in pain, that her knee was swollen, and that she was unable to drive herself home. Thompson testified that she told her supervisor that Staggs was unable to stand and perform her regular job, and Thompson further testified that she knew Staggs had called in and reported that she was unable to come to work because of her knee condition. Thompson testified that she heard from a fellow supervisor that Staggs’s employment had been terminated for failure to report and for failure to call in that she could not come to work.

Thomas Elliott, a vocational rehabilitation expert, initially assigned Staggs a vocational impairment rating between 60% and 65%, and a vocational impairment rating of 39% based on a different scenario. He further testified that Staggs was totally and permanently disabled under the Social Security Administration regulations, and that because of her age, skills, and restrictions, her prognosis for returning to any gainful employment was extremely poor. Elliott testified that he formulated his opinions after interviewing Staggs, administering tests to her, reviewing her medical history and reports, and considering her education and work history, her functional capacities evaluations, and other background information.

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Bluebook (online)
660 So. 2d 1348, 1995 Ala. Civ. App. LEXIS 308, 1995 WL 326956, Counsel Stack Legal Research, https://law.counselstack.com/opinion/golden-poultry-co-inc-v-staggs-alacivapp-1995.