Hagan v. LSU Medical Center

681 So. 2d 971, 1996 La. App. LEXIS 2193, 1996 WL 547989
CourtLouisiana Court of Appeal
DecidedSeptember 27, 1996
DocketLa. C.C.P. No. 28,669-CA
StatusPublished
Cited by5 cases

This text of 681 So. 2d 971 (Hagan v. LSU Medical Center) 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
Hagan v. LSU Medical Center, 681 So. 2d 971, 1996 La. App. LEXIS 2193, 1996 WL 547989 (La. Ct. App. 1996).

Opinion

681 So.2d 971 (1996)

Scott A. HAGAN, Plaintiff-appellee,
v.
LSU MEDICAL CENTER, Defendant-appellant.

La. C.C.P. No. 28,669-CA.

Court of Appeal of Louisiana, Second Circuit.

September 27, 1996.

*973 Piper and Associates by Robert E. Piper, Jr., Ramon Lafitte, for Defendant-Appellant.

Jack M. Bailey, Jr., Assoc. by J. Allen Cooper, Jr., for Plaintiff-Appellee.

Before MARVIN, HIGHTOWER and CARAWAY, JJ.

CARAWAY, Judge.

LSU Medical Center in Shreveport (LSUMC) appeals from a workers' compensation hearing officer's decision awarding its former employee, Scott Hagan, temporary total disability benefits and reimbursement for medical bills. For the reasons expressed we reverse the award of temporary total disability benefits, affirm the medical reimbursement award, award supplemental earnings benefits without discount from August 23, 1992 to April 30, 1993, and remand for an evidentiary hearing on the issue of additional supplemental earnings benefits and rehabilitation that might be appropriate following May 1, 1993.

FACTS

Scott Hagan, a 35 year old carpenter employed by LSUMC from 1985 to 1992, injured his groin on March 8, 1990 while attempting to remove a cabinet encased between two walls. Hagan's physician prescribed pain medications and antibiotics, and Hagan missed one week of work. As a result of this minor incident, Hagan incurred medical bills of approximately $130 which LSUMC apparently paid. Hagan returned to work and completed his assigned carpentry tasks in a satisfactory manner over the next two years. Between 1990 and 1992, Hagan required neither medication nor physical therapy to enable him to continue his employment as a carpenter which required daily heavy lifting. Elton Broadway, Hagan's supervisor, awarded him satisfactory service ratings on May 2, 1990, April 25, 1991, and March 30, 1992. None of these annual reports reflect that Hagan suffered from a physical disability that impaired his job performance. To the contrary, Broadway testified that Hagan had no difficulty performing his job during the two years between March 8, 1990 and August 21, 1992.

On August 21, 1992, Hagan suffered another injury while moving a large cabinet. The cabinet measured approximately fourteen feet long and five feet high and had to be moved in two pieces. As Hagan and several other men attempted to move one half of the cabinet into place, it momentarily lodged in a doorway. While pulling on the cabinet in an attempt to dislodge it, Hagan suffered an injury which resulted in pain to his right leg, hip, and lower back. Hagan reported the injury to his supervisor, Elton Broadway, who documented the injury as a recurring problem related to the 1990 incident. Hagan denies this contention and explained that when he reported the 1992 injury to Broadway he probably said something to the effect of "remember when I hurt myself, well I have hurt myself again."

Pursuant to Mr. Broadway's instructions, Hagan went to the Employee Health Center at LSUMC. The physicians in the health center referred Hagan to the Urology department. The Urology department recommended Hagan visit a surgeon but did not refer him to a specific physician. On his own volition, Hagan made an appointment with a surgeon, Dr. Charles Byrd, who determined that Hagan was not suffering from a hernia. Dr. Byrd referred Hagan to Dr. Joffrion, an orthopedic surgeon who was not employed by LSUMC. Because LSUMC would not assure insurance coverage, Hagan was unable to make an appointment with Dr. Joffrion.

Over the next several months thereafter, Hagan participated in physical therapy, visited the pain clinic for injections, and received an MRI and nerve conduction test through the orthopedic and neurology departments. All of Hagan's treatment occurred at LSUMC. LSUMC billed Hagan for these services and at trial the bills remained unpaid. During this attempted rehabilitation, Hagan was referred to Dr. Mary McWilliams. On February 12, 1993, approximately six months after the second accident, Dr. McWilliams, a neurologist and occupational *974 disease expert employed by LSUMC, diagnosed Hagan with an injured piriformis muscle, the muscle that connects the pelvic girdle to the thigh and crosses the sciatic nerve. Following her initial examination, Dr. McWilliams prescribed physical therapy particularized for restoring the injured muscle, muscle relaxers, and pain medication. Based upon her initial review and diagnosis, she held the opinion that Hagan was not able to return to work. On February 17, 1993, Dr. McWilliams' examination revealed that Hagan's pain had decreased significantly and he had regained full range of motion; however, he still suffered from some pain and walked with a limp. Dr. McWilliams maintained that Hagan could not return to work at this time.

On March 19, 1993, Dr. McWilliams significantly reduced Hagan's pain medication and noted improvement in Hagan's condition. She summarized her perception of Hagan's health following his March 26 visit by stating:

At that time he was re-examined. He was able to move actively and passively without pain. He could squat down on the floor and get back up without any help or any muscle spasms. He could touch his toes. His power seemed good. And at that time I had recommended sending him back to physical therapy for Work Hardening so he could come back to work.

Dr. McWilliams testified that the accident in August, 1992 aggravated the injury suffered by Hagan in 1990 and resulted in his inability to work. In March of 1993, Dr. McWilliams opined that Hagan might have been able to return to work after four weeks of work hardening. However, she clearly stated that without the prescribed physical therapy, re-injury was likely and Hagan might miss as much as three more months of work. Hagan testified that at some point during Dr. McWilliams' treatment, she encouraged him to return to light duty carpentry work.

When Hagan thereafter requested to return to work as a carpenter on light duty, LSUMC refused this request asserting the carpentry and cabinet making divisions did not offer light duty. When Hagan was unable to return to work after exhausting his annual leave and his sick leave, LSUMC terminated him.

David Rood, LSUMC's workers' compensation claims adjuster, determined Hagan's 1992 complaints were related to the 1990 accident and advised LSUMC that Hagan's claim for temporary total disability (TTD) benefits had prescribed. Mr. Rood based his determination and recommendation on the fact that Hagan's medical records indicated he suffered an on-the-job injury in 1990. Mr. Rood determined that the occupational injury report filled out in 1992 was an attempt to report injuries connected with the 1990 injury; however, he admitted on cross examination that none of Hagan's employee records revealed any significant medical problems after he returned to work in 1990 until August 1992.

Because of Rood's assessment, no workers' compensation benefits were paid to Hagan. Throughout this six month period prior to Dr. McWilliams' diagnosis, Hagan was relegated to examination by the physicians employed by LSUMC instead of any other physician he might have chosen. Additionally, Hagan was forced to utilize his employment benefits as his only income during this time as he remained hopeful of continuing his seven year employment with LSUMC. Finally, just when it appeared that Hagan was ready to participate in work hardening and light duty carpentry work his treatments were terminated. Hagan testified that Dr. McWilliams advised him that she could no longer treat him because he was not a workers' compensation candidate. Dr.

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681 So. 2d 971, 1996 La. App. LEXIS 2193, 1996 WL 547989, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hagan-v-lsu-medical-center-lactapp-1996.