Guidry v. Maison DeVille Nursing Home

672 So. 2d 381, 1996 WL 155947
CourtLouisiana Court of Appeal
DecidedApril 4, 1996
DocketNos. 95CA1504, 95CA1505
StatusPublished
Cited by2 cases

This text of 672 So. 2d 381 (Guidry v. Maison DeVille Nursing Home) 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
Guidry v. Maison DeVille Nursing Home, 672 So. 2d 381, 1996 WL 155947 (La. Ct. App. 1996).

Opinion

JaLOTTINGER, Chief Judge.

The primary issues presented in this workers’ compensation case are: 1) whether plaintiff suffered a neck injury on May 15, 1993; 2) whether plaintiff is entitled to temporary total disability benefits or supplemental earnings benefits; 3) whether plaintiff is entitled to medical benefits for an alleged psychological injury; and 4) whether plaintiff is entitled to penalties and attorney fees.

FACTUAL BACKGROUND

Plaintiff, Judy Ann Guidry, is a licensed practical nurse. On February 7, 1991, while employed by Houma Health Nursing Care, plaintiff was injured when she was attached by a nursing home resident. Plaintiff sustained a cervical disc rupture at C5-6 for which she underwent surgery on July 28, 1992. Plaintiff also began psychological care following this incident. On December 31, 1992, plaintiff returned to work at the same facility performing her former duties as a licensed practical nurse. Plaintiff was discharged by her orthopedic surgeon, Dr. Phillips, on April 1, 1993. At the time of discharge, Dr. Phillips noted that plaintiff had had no neck problems since her return to work. Although physically able to return to work, plaintiff continued her psychological care with Dr. Gerald Murphy, D.S.W.

During the time that plaintiff was out of work, Houma Health Nursing Care sold its business to Maison DeVille Nursing Home. Houma Health Nursing Care was insured by Commercial Union Insurance Company. Maison DeVille is self-insured.

After returning to work at Maison DeVille for approximately five months, plaintiff was involved in a second work related incident. While administering medication to a female patient on May 15,1993, the patient grabbed the lapels of plaintiffs uniform and jerked plaintiff toward the bed. Plaintiff filed a formal accident report stating that she experienced immediate neck and shoulder pain.1 [384]*384Following the incident, plaintiff experienced increasing pain and eventually returned to Dr. Phillips. Dr. Phillips diagnosed a new neck injury at the C6-7 level.

|8On August 27,1993, plaintiff resigned her position at Maison DeVille. She began working for Healing Hands Home Care, receiving her first paycheck for the pay period from October 2, 1993 to October 15, 1993. While employed at Healing Hands, plaintiff continued orthopedic and psychological care. Then on May 19, 1994, plaintiff was involved in an automobile accident and suffered neck and back injuries. Plaintiff quit her job at Healing Hands on May 27,1994.

Plaintiff contends that she is currently totally disabled due to the neck injury she received in May of 1993 while working at Maison DeVille and due to her continuing emotional problems which are associated with the incident. She filed suit seeking workers’ compensation benefits, penalties and attorney fees. Following trial on the merits, the hearing officer found that plaintiff did not receive a new injury in 1993; that plaintiff was not disabled as a result of the 1993 accident and therefore, not entitled to compensation benefits; that plaintiff was not entitled to benefits for her psychological injury; and that plaintiff was not entitled to penalties and attorney fees.

MAY 15, 1993 INJURY

The first issue raised by plaintiff is whether her neck injury at C6-7 is related to the May 15,1993, incident.

In his reasons for judgment, the hearing officer determined that Dr. Phillips and plaintiff were not credible witnesses. Based on this determination, the hearing officer accepted the opinion of a second doctor, Dr. Cenac, who concluded that plaintiff did not suffer a new injury in the 1993 accident. Dr. Cenac concluded that plaintiffs injury and pain were associated with an ongoing degenerative process. Furthermore, any disability which plaintiff experienced was associated with the lumbar injury she sustained in the 1994 automobile accident.

A court of appeal may not set aside a trial court’s or a jury’s finding of fact in the absence of “manifest error” or unless it is “clearly wrong,” and where there is a conflict in the testimony, reasonable evaluations of credibility and reasonable inferences of fact should not be disturbed upon review. Weatherford v. Commercial Union Insurance, 94-1793, 94-1927, p. 5 (La. 2/20/95); 650 So.2d 763, 765-66; Stobart v. State, Department of Transportation and Development, 617 So.2d 880, 882 (La.1993). If the trial court or jury findings are reasonable in light of the record | reviewed in its entirety, the court of appeal may not reverse those findings even though convinced that had it been sitting as the trier of fact, it would have weighed the evidence differently. Weatherford, 650 So.2d at 766; Rosell v. ESCO, 549 So.2d 840, 844 (La.1989).

Where there are two permissible views of the evidence, the factfinder’s choice between them cannot be manifestly erroneous or clearly wrong. Ferrell v. Fireman’s Fund Insurance, Co., 94-1252, p. 4 (La. 2/20/95); 650 So.2d 742, 745-46; Rosell, 549 So.2d at 844. When findings are based on determinations regarding the credibility of witnesses, the manifest error/clearly wrong standard demands great deference to the trier of fact’s findings. Ferrell, 650 So.2d at 746; Rosell, 549 So.2d at 844. An appellate court may find manifest error or clear wrongness in a finding purportedly based upon a credibility determination where documents or objective evidence so contradict the witness’s story, or the story itself is so internally inconsistent or implausible on its face, that a reasonable fact finder would not credit the witness’s story. Ferrell, 650 So.2d at 746; Stobart, 617 So.2d at 882. This principle of review is based not only upon the trial court’s better capacity to evaluate live witnesses, but also upon the proper allocation of trial and appellate functions between the respective courts. Weatherford, 650 So.2d at 766.

After a thorough review of the record, we conclude that the hearing officer was manifestly erroneous in determining that Dr. Phillips was not credible. The hearing offi[385]*385cer gave four reasons for questioning Dr. Phillips’ credibility:

(1) he has the plaintiff listed as temporarily totally disabled even though she is working full time for another nursing operation; (2) he speaks of the fusion he has done and the fact that it appears solid, yet he never did a fusion. He did an anterior cervical discectomy without a fusion; (3) he states that the plaintiffs disc at C6-7 isn’t bad enough to operate on anyway, yet he would schedule her in a week if she came in and told him the pain was too bad; and (4) he denied a C6-7 disc protrusion in the March of 1991 MRI report, yet later admitted there was a disc bulge at the C6-7 level in the March of 1991 report and that protrusion and bulge are interchangeable. He admitted that the C6-7 disc was already herniated according to the March, 1991 MRI report yet now the herniation is bigger, although he cannot say how much bigger.

We address these four reasons separately. First, Dr. Phillips listed plaintiff as temporarily totally disabled although plaintiff continued to work from October 1993 through May 1994. There was no testimony that Dr. Phillips was aware that plaintiff was working during this time period. Dr. Philips testified that he could not recall if plaintiff ever told him that she was |5working and his office notes of November 2, 1993, and December 21, 1993, reflect that plaintiff was to limit her activities and not work.

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Bluebook (online)
672 So. 2d 381, 1996 WL 155947, Counsel Stack Legal Research, https://law.counselstack.com/opinion/guidry-v-maison-deville-nursing-home-lactapp-1996.