Guidry v. Travelers Insurance Co.

210 So. 2d 399, 1968 La. App. LEXIS 4977
CourtLouisiana Court of Appeal
DecidedMay 3, 1968
DocketNo. 2295
StatusPublished
Cited by4 cases

This text of 210 So. 2d 399 (Guidry v. Travelers Insurance Co.) 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. Travelers Insurance Co., 210 So. 2d 399, 1968 La. App. LEXIS 4977 (La. Ct. App. 1968).

Opinions

CULPEPPER, Judge.

The plaintiff, Armogene Guidry, seeks workmen’s compensation benefits for total and permanent disability. He suffered an accident while working for the defendant, Chemical Construction Corporation, insured by Travelers Insurance Company. From an adverse judgment, defendants appeal.

The substantial issue is whether plaintiff’s disabling neurosis has a causal connection with the accident.

The accident happened on January 12, 1966. Plaintiff, an illiterate negro laborer, was shoveling mud from an excavation. As he threw a shovel full over his shoulder, some of the mud stuck to the shovel and caused a popping sensation in his right hand and wrist. He reported the accident to his employer and was taken to Dr. Wade H. Sigmon, Jr., a general practitioner in Gonzales, Louisiana, which is near the job site. This physician found only tenderness of the metacarpals and decreased. sensation of the thumb. He found no injury to the wrist and recommended that plaintiff return to work without any loss of time whatsoever. However, plaintiff did not go back to work. He went to his home in Opelousas, Louisiana.

On January 17, 1966, plaintiff went to Dr. Emil Ventre, a general practitioner in Opelousas. This physician found a sprain of the hand with slight swelling; and numbness of the thumb. Plaintiff also complained that he couldn’t move his wrist, a condition commonly called a “wrist drop”. This results from damage to the radial nerve, which runs down from the shoulder through the elbow to the wrist. From the history of the accident, Dr. Ventre could not understand how the radial nerve could have been injured as a result of throwing a shovel full of mud over the shoulder. Since the symptoms were so bizarre, he referred plaintiff to Dr. W. L. Meuleman, an orthopedic specialist of Lafayette.

Dr. Meuleman saw plaintiff on January 18, 1966. In describing the accident to Dr. Meuleman, plaintiff said that while shoveling dirt his wrist began to hurt and then his wrist “flopped down”. Of course, this history is contrary to the testimony of Dr. Sigmon that immediately after the accident there was no limitation of motion of the wrist. Despite plaintiff’s statement that he couldn’t move his wrist, Dr. Meule-man noticed that as plaintiff undressed he did use his wrist. It was Dr. Meuleman’s opinion that plaintiff had no damage to the radial nerve, no wrist drop and no disability on an orthopedic basis. However, the doctor did say that plaintiff had a glove-type anesthesia, which is a symptom of hysteria. This indicated the possibility of a neurosis.

Plaintiff then returned to Dr. Ventre on January 20, 1966. With the benefit of Dr. Meuleman’s report, Dr. Ventre diagnosed a mild sprain of the hand with psychotic overlay. He recommended that plaintiff return to work.

On January 26, 1966, plaintiff returned to Dr. Sigmon in Gonzales. He complained that he couldn’t move his wrist. This physician thought the plaintiff might actually have a wrist drop, but he said it could not have been caused by the accident. He referred plaintiff to Dr. Joseph A. Sabatier, Jr., a general surgeon with a large neurosurgery practice.

[401]*401Dr. Sabatier saw plaintiff for the first time on January 28, 1966. His initial opinion was that plaintiff actually had radial nerve palsy, i. e., a wrist drop. He explained that this condition results from impairment of the radial nerve which can be due to several causes. One cause is direct trauma, such as a hard blow to some portion of the arm, thereby injuring the radial nerve. This cause was ruled out because there was no history of such trauma. Another possible cause is exposure to certain chemicals, but there was also no history of this. A third common cause is infection, but there was no history or indication of such. A fourth general category is that to which no specific cause can be given. (Dr. Mueleman stated that one of these unknown causes could be a virus which attacks this particular nerve.) Being unable to ascribe a specific cause, Dr. Sabatier simply began to treat the condition because these patients usually recover in a few weeks or months. Plaintiff was given a brace to support his wrist and he showed gradual improvement. Finally, on April 26, 1966, Dr. Sabatier discharged plaintiff as recovered.

When asked whether there was any causal connection between the accident and the wrist drop, Dr. Sabatier said positively there was no connection on an anatomical basis. The next question was whether there was any causal connection between the accident and any psychic disability. Dr. Sabatier replied that since the physical impairment, i. e., the wrist drop, was not caused by trauma, then necessarily the psychic abnormality could not have been caused by the accident. He said the only connection between the accident and these later difficulties was temporal, i. e., the wrist drop and the ensuing psychic abnormalities occurred shortly after the accident.

On the request of his attorney, plaintiff was examined on May 20, 1966 by Dr. Homer D. Kirgis, a neurosurgeon at Ochsner Clinic in New Orleans. This physician found no impairment of the radial nerve. He recommended that plaintiff discard the wrist brace, which he was still wearing, and return to work. Dr. Kirgis corroborated all of the previous physicians who had stated the radial nerve could not be injured by shoveling dirt.

Plaintiff’s attorney then sent him to Dr. John A. Fisher, a psychiatrist in Lafayette. He saw plaintiff on June 10, 1966 and December 22, 1966. This physician read the reports of Drs. Kirgis, Sabatier, Meuleman and Sigmon. He took from plaintiff the history of the accident, the wrist sprain and the later development of the wrist drop. He found plaintiff in a condition of extreme depression, social withdrawal, feelings of hopelessness, loss of appetite, insomnia, diminished libido and irritability. Of course, he took information as to plaintiff’s background, activities, etc. Dr. Fisher’s diagnosis was “mixed psychoneurosis” which he explained as being a combination of different symptoms, such as depression, anxiety, hysteria, etc.

As to the crucial question of whether there was any causal connection between the accident and the neurosis, Dr. Fisher was equivocal. In one portion of his testimony he said plaintiff’s disabling neurosis was “precipitated by the accident.” He explained that plaintiff already had a “predisposition” to neurosis but the accident and the “wrist drop” were the triggering mechanisms.

However, in another portion of his testimony Dr. Fisher said:

“Q. What about his hand?
“A. I excluded his hand from my consideration of the problem because I am unable to tell whether this is a hysterical manifestation or whether he is malingering on that score or whether it might have an organic basis.
“Q. What brought about Mr. Guidry’s disability ?
“A. I don’t know.
[402]*402“Q. You don’t know?
“A. No.”

In a further portion of his testimony Dr. Fisher finally opined that the triggering cause of the neurosis was the wrist drop:

“Q. Do you know anything besides the wrist drop that prevents him from continuing to work?
“A. No.
“Q. In your mind, is that what brought about the disability, was the wrist drop ?
“A.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Thomas v. St. Patrick's Hospital
276 So. 2d 749 (Louisiana Court of Appeal, 1973)
Bates v. Rockwood Insurance
270 So. 2d 135 (Louisiana Court of Appeal, 1972)
Guillory v. Liberty Mutual Insurance
223 So. 2d 413 (Louisiana Court of Appeal, 1969)
Guidry v. Travelers Insurance
211 So. 2d 334 (Supreme Court of Louisiana, 1968)

Cite This Page — Counsel Stack

Bluebook (online)
210 So. 2d 399, 1968 La. App. LEXIS 4977, Counsel Stack Legal Research, https://law.counselstack.com/opinion/guidry-v-travelers-insurance-co-lactapp-1968.