Goodyear Tire & Rubber Co. v. Haygood

93 So. 3d 132, 2012 WL 104886, 2012 Ala. Civ. App. LEXIS 15
CourtCourt of Civil Appeals of Alabama
DecidedJanuary 13, 2012
Docket2100844
StatusPublished
Cited by4 cases

This text of 93 So. 3d 132 (Goodyear Tire & Rubber Co. v. Haygood) 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
Goodyear Tire & Rubber Co. v. Haygood, 93 So. 3d 132, 2012 WL 104886, 2012 Ala. Civ. App. LEXIS 15 (Ala. Ct. App. 2012).

Opinion

THOMPSON, Presiding Judge.

Goodyear Tire & Rubber Co. (“Goodyear”) appeals from a judgment awarding [134]*134worker’s compensation benefits to Brian Haygood. The trial court found that Hay-good was permanently and totally disabled as a result of an injury he suffered in a work-related accident, and it awarded benefits accordingly.

The record indicates the following. Haygood’s job at Goodyear was to sort tires by size and tread and “throw” them into the appropriate buggies, which measured three feet by eight feet. Haygood said each of the tires he handled weighed between 40 and 80 pounds. When a buggy was full, Haygood would label it, quickly move that buggy out, and pull another buggy into its place to be filled. Haygood said that on August 12, 2009, he was moving a filled buggy when he felt a “pop” on the bottom of his right foot and experienced a sensation like his foot was “on fire.” He immediately reported the injury to his supervisor, who took him on a cart to see the plant nurse. Haygood said that that night he went to the emergency room and subsequently returned to the plant doctor for a follow-up visit.

Haygood kept working in the days after the August 12 accident, but, he said, the pain in his foot did not subside. He testified that he felt a stabbing pain in his right foot when he put weight on it and that a knot had developed on the bottom of his right foot. Goodyear initially denied that Haygood’s injury was covered under the workers’ compensation system, so when his foot continued hurting Haygood saw a family doctor, John Belyeu. Dr. Belyeu referred Haygood to an orthopedist, Dr. Charles Morley. Haygood first saw Dr. Morley on September 21, 2009. Dr. Morley diagnosed Haygood with a partial tear of the plantar fascia, a band of tissue on the bottom of the foot, and placed a walking cast on Haygood’s right foot. Dr. Morley held Haygood out of work beginning September 21, 2009.

Haygood’s right foot continued to hurt despite the use of the walking cast. When the cast was removed, Dr. Morley found that the arch of Haygood’s right foot was “hypersensitive.” At Dr. Morley’s request, a pressure specific sensory device (“PSSD”) test and an MRI were performed on Haygood’s right foot. The results of the PSSD test and the MRI indicated that Haygood had nerve irritation in his right foot and significant thickening of the plantar fascia that was consistent with chronic irritation or inflammation. In his deposition, Dr. Morley testified that the PSSD test and the MRI provided objective corroboration of Haygood’s complaints of pain and periodic numbness and tingling in his foot. Dr. Morley said that the findings were consistent with an injury caused by trauma or overuse, and he diagnosed Hay-good with post-traumatic plantar fasciitis, heel-pain syndrome, and aggravation of tarsal tunnel compression, which Dr. Morley compared with the better known carpal tunnel syndrome.

Dr. Morley operated on Haygood’s right foot in January 2010, but the pain continued. On March 2, 2010, Dr. Morley examined Haygood’s right foot and discovered that it still had generalized swelling and that Haygood’s toes were “red and shiny and cold to the touch.” Dr. Morley was concerned that Haygood had complex regional pain syndrome (“CRPS”), which he described as

“a situation in which the nerves common in the foot from factors we don’t entirely understand will become hypersensitive and overactive and cause the foot to burn and tingle and cause circulation changes which can cause the foot to change color, becoming bright red, shiny as his toes were or sometimes becoming pale, bluish color. It can also cause temperature fluctuation in a person. They feel as though the foot is burning [135]*135hot one moment and icy cold the next. [Haygood] did not have complaints of temperature change or color change particularly but his sensitivity in his foot was consistent with what we associate with this situation of CRPS.”

Because of his concern that Haygood had CRPS, Dr. Morley referred him to Dr. Michael Cosgrove, who specializes in pain management.

Dr. Cosgrove determined that the origin of Haygood’s pain

“could represent partially a neuropathic origin, a milder variant of CRPS. Per the diagnostic criteria, he is one shy for me on my exams of meeting the criteria. You know, it’s not quite an all or none phenomenon. He has many of the characteristics of it, but not enough to meet the classic diagnostic.”

At the same time that Haygood’s right foot was hurting, and continuing after his January 2010 surgery, Haygood’s left foot, left leg, and back began hurting as well. Haygood brought those complaints to Dr. Cosgrove’s attention. In his deposition, Dr. Cosgrove testified that complaints like Haygood’s are “quite common in patients with lower extremity problems” and attributed the complaints to Haygood’s altered gait.

In July 2010, Haygood underwent a functional-capacities evaluation (“FCE”) at Dr. Morle/s request. Sheral Serafini, who conducted the FCE, noted that Hay-good told her that he could not walk without using a cane and that he “refused to attempt ambulation” without the cane. The FCE report also states that Haygood could not walk even short distances without using the cane because of his pain and that Haygood was “self limiting” because of pain.

At the start of the trial, the parties stipulated that Dr. Morley had determined that Haygood had reached maximum medical improvement (“MMI”) on September 19, 2010. They also stipulated that Dr. Morley established that Haygood had a partial medical impairment of 10% to the right foot, a partial medical impairment of 7% to the lower extremity, and a 3% whole-person medical impairment.

Dr. Martin Jones, Jr., an orthopedic spine surgeon, testified by deposition that he had examined Haygood several times in the fall of 2010 because of Haygood’s complaint of back pain. Dr. Jones said that Haygood told him that he was not sure how the back pain had begun but related that he had been walking with an altered gait. Dr. Jones performed an MRI and determined that Haygood had a herniation of the L4 disk and a bulging disk at the L5 disk of his spine. Dr. Jones testified that “there was no way to know absolutely for sure” but that, because Haygood was doing his job with no problem before he injured his foot, he thought it “not unreasonable to assume that the altered gait could have aggravated [Haygood’s] underlying back condition whether it was preexisting or it was created as a result of the altered gait.”

At the trial, Haygood testified that his right foot constantly hurts and that, even when he is lying down, he experiences burning and tingling sensations in his foot. The pain wakes him up. He also said that he lies down about 23 hours a day and that he often cries because of the pain. He said that he often falls because of the numbness in his foot. Haygood said that, because of the pain, he can no longer do the things he could do before the injury, both at work and at home. He testified that he seldom leaves his house and that he has only left his house twice to go to a Walmart store in the two years since the 2009 accident. In addition, he said, he had to ride around the Walmart store in a cart. [136]*136Although no physician has prescribed a cane for him, Haygood said that he uses a cane, even in the house, and that he treats it as a third leg. In addition to the medication Haygood takes several times a day for pain, which he has consistently rated as a 9 or a 10 on a scale of 1 to 10, Dr.

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Cite This Page — Counsel Stack

Bluebook (online)
93 So. 3d 132, 2012 WL 104886, 2012 Ala. Civ. App. LEXIS 15, Counsel Stack Legal Research, https://law.counselstack.com/opinion/goodyear-tire-rubber-co-v-haygood-alacivapp-2012.