Greis v. Lake Charles Memorial Hosp.

709 So. 2d 986, 97 La.App. 3 Cir. 1258, 1998 La. App. LEXIS 387, 1998 WL 100401
CourtLouisiana Court of Appeal
DecidedMarch 6, 1998
Docket97-1258
StatusPublished
Cited by13 cases

This text of 709 So. 2d 986 (Greis v. Lake Charles Memorial Hosp.) 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
Greis v. Lake Charles Memorial Hosp., 709 So. 2d 986, 97 La.App. 3 Cir. 1258, 1998 La. App. LEXIS 387, 1998 WL 100401 (La. Ct. App. 1998).

Opinion

709 So.2d 986 (1998)

Betty GREIS, Plaintiff-Appellant,
v.
LAKE CHARLES MEMORIAL HOSPITAL, Defendant-Appellee.

No. 97-1258.

Court of Appeal of Louisiana, Third Circuit.

March 6, 1998.
Writs Denied May 15, 1998.

Betty Greis, pro se.

Brian Lee Coody, Lake Charles, for Lake Charles Memorial Hospital.

Michael Benny Miller, Crowley, pro se.

Before DECUIR, AMY and PICKETT, JJ.

*987 AMY, Judge.

In this workers' compensation matter, the claimant, Betty Greis, seeks reinstatement of disability benefits terminated by her employer, Lake Charles Memorial Hospital. Following a hearing, the workers' compensation judge ruled in favor of the hospital after finding the claimant had not proven her entitlement to benefits, but ordering her employer to provide medical expenses incurred as a result of the work-related injury. The claimant now appeals. We affirm.

Facts and Procedural History

The claimant, Betty Greis, contends that she was injured as the result of a fall which occurred at her place of employment, Lake Charles Memorial Hospital, on June 21, 1988. Greis, who was employed by the defendant as an instrument and x-ray technician, maintains that the accident occurred when she entered a room adjacent to a surgical suite and slipped on alcohol that had been spilled onto the floor. She asserts that, upon falling, she hit the right side of her head on a steel sink and that she fell on her right shoulder, arm, and hand. After being helped to her feet by a nurse, the claimant's wrist began to swell and she sought treatment in the hospital's emergency room. X-rays performed soon thereafter revealed no fracture of the wrist. Greis testified that her wrist was placed in a splint and she was ordered to light-duty work for four days. However, Greis was informed that she should stay at home during that period as there was no light-duty work available.

After returning to work, the claimant found her duties difficult to perform and ultimately ceased working. The defendant began providing Greis with temporary total disability payments in July 1988. Additionally, the defendant provided the claimant with medical treatment related to the accident. Over the course of the next several years, the claimant sought the assistance of over thirty doctors.

The claimant asserts that the work-related accident caused various medical problems, including reflex sympathy dystrophy disorder, right brachial plexus, and carpal tunnel syndrome. Greis maintains that, because of these injuries, she experiences daily pain which renders her unable to work.

The record reflects that because of the reflex sympathy dystrophy, which was diagnosed soon after the fall, the claimant underwent a right transthoracic dorsal sympathectomy in April 1989. The surgery apparently provided the claimant with some relief. As for the carpal tunnel syndrome complained of by Greis, Dr. Louis Blanda, an orthopaedic surgeon, performed a right carpel tunnel release, as well as a manipulation of the right shoulder in December 1989. Despite having these surgeries performed and initial reports indicating that her pain had lessened, the claimant continued to complain of pain and, as the record reflects, these complaints increased. Greis sought treatment from various specialists reporting wide-ranging symptoms. The defendant paid both medical treatment and disability benefits until terminated on December 12, 1992. Thereafter, the defendant paid some of the medical payments until 1995, namely those of Dr. Keith Nabours, a psychiatrist, and a neurologist of the claimant's own choosing, Dr. James Domingue. The adjuster handling Greis' claim testified that the disability benefits were terminated after the defendant received medical reports indicating that Greis could return to work and that "whatever limitations she had at that time would not interfere with her going back to work." Additionally, the defendant was informed by the daughters of Greis' live-in boyfriend that Greis was able to perform household functions.

After receiving this information that Greis could possibly return to work, and before terminating benefits, the defendant attempted to have the claimant participate in a functional capacity evaluation as recommended by one of her doctors. However, the claimant refused to do so. Thereafter, the defendant obtained job evaluations from Dr. Domingue and Dr. Nabours who approved the described job. This position was ultimately offered to the claimant, was inside the guidelines of her previous position as an instrument technologist, and offered the same rate of pay as her pre-accident job. The claimant, however, never reported to work for this new position.

*988 Greis filed a Disputed Claim for Compensation in February 1993. Although represented by various attorneys throughout the history of the claim, Greis appeared before the court in proper person at the hearing held on this matter. Following three days of trial, at which the plaintiff presented an abundance of medical reports and information, the workers' compensation judge entered judgment in favor of the defendant and found that the defendant had not acted arbitrarily and capriciously in handling the claim. The judge also ordered that the defendant continue to pay for any medical treatment stemming from the work-related injury. The claimant now appeals.

Additionally, Michael B. Miller, the claimant's attorney during two different periods in the history of this claim has answered the appeal and argues that the case should be remanded as he was not notified of the hearing date despite having filed a Petition for Intervention to protect his interest in any attorney's fees.

Discussion

Disability Benefits

The claimant, who continues as her own counsel, argues that the workers' compensation judge erred in denying her request for benefits. Greis asserts that various evidence presented by the defendant and, in turn, relied upon by the workers' compensation judge is fabricated and misleading as to her condition. She asserts that she is still disabled and in almost constant pain.

It is not clear whether the plaintiff is seeking temporary or permanent disability benefits, however, under either, a claimant must offer clear and convincing evidence that he or she is unable to engage in any type of employment.[1]See La.R.S. 23:1221(1)[2]; La. R.S. 23:1221(2). In order to meet this clear and convincing standard, a claimant must introduce objective medical evidence. Comeaux v. Sam Broussard Trucking, 94-1631 (La.App. 3 Cir.App. 5/31/95); 657 So.2d 449.

The Louisiana Supreme Court has established the standard of review which must be employed following a determination of whether the claimant has met the required burden. In Bailey v. Smelser Oil & Gas, Co., 620 So.2d 277, 280 (La.1993), the court stated as follows:

The trial court must weigh all the evidence, medical and lay, in order to determine if the plaintiff has met his burden. Simpson v. S.S. Kresge Co., 389 So.2d 65 (La.1980). This factual finding should be given great weight and should not be overturned absent manifest error. Prim, [v. City of Shreveport, 297 So.2d 421 (La. 1974)], supra; Johnson v. Ins. Co. of N. America, 454 So.2d 1113 (La.1984). See, also, Thomas v. Highlands Insurance Company, 617 So.2d 877 (1993).

In the present case, the workers' compensation judge determined that the claimant *989 did not meet this burden.

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Bluebook (online)
709 So. 2d 986, 97 La.App. 3 Cir. 1258, 1998 La. App. LEXIS 387, 1998 WL 100401, Counsel Stack Legal Research, https://law.counselstack.com/opinion/greis-v-lake-charles-memorial-hosp-lactapp-1998.