Hall v. Doctor's Hosp. of Tioga

486 So. 2d 1164, 1986 La. App. LEXIS 6655
CourtLouisiana Court of Appeal
DecidedApril 9, 1986
Docket85-249
StatusPublished
Cited by3 cases

This text of 486 So. 2d 1164 (Hall v. Doctor's Hosp. of Tioga) 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
Hall v. Doctor's Hosp. of Tioga, 486 So. 2d 1164, 1986 La. App. LEXIS 6655 (La. Ct. App. 1986).

Opinion

486 So.2d 1164 (1986)

Daisy HALL, Plaintiff-Appellant,
v.
DOCTOR'S HOSPITAL OF TIOGA, et al., Defendants-Appellees.

No. 85-249.

Court of Appeal of Louisiana, Third Circuit.

April 9, 1986.

*1165 Thomas R. Willson, Alexandria, John R. Bennett, Marksville, for plaintiff-appellant.

Provosty, Sadler & Delaunay, Albin A. Provosty, Alexandria, for defendants-appellees.

Before KNOLL and KING, JJ., and BRUNSON, J. Pro Tem.[*]

KING, Judge.

The issues presented by this appeal are (1) whether or not the trial court erred in denying plaintiff's motion for a continuance and for a new trial after having allowed plaintiff's counsel of record to withdraw on the day of trial, leaving plaintiff without an attorney during the trial, and (2) whether or not the trial court erred in finding that plaintiff failed to prove that she sustained an injury while at work.

This matter involves a worker's compensation suit filed on December 7, 1983 by Daisy Hall (hereinafter referred to as plaintiff) against her employer, Doctor's Hospital of Tioga (hereinafter referred to as the hospital) and its worker's compensation insurer, St. Paul Insurance Company (hereinafter referred to as St. Paul). After trial on the merits, at which plaintiff represented herself in proper person, the trial court rendered judgment dismissing plaintiff's suit at her cost. Plaintiff through retained counsel then timely filed a Motion For A New Trial which was denied by the trial court. Plaintiff devolutively appeals. We affirm.

*1166 FACTS

Plaintiff brought this suit alleging that on January 4, 1983, while lifting a bucket of water during the course of her work as a housekeeper at the hospital, she injured her back and right leg. The accident was not witnessed by anyone. The record reflects that plaintiff did not report the alleged accident and injury to her supervisor or employer until some time after she was discharged from employment at the hospital on June 13, 1983. The record also reflects that plaintiff never made mention of the accident or injury to her co-employees, though she may have occasionally complained to them about various aches and pains. Plaintiff testified that her reason for not reporting the accident and injury to her employer when it occurred was that she was afraid of losing her job. Plaintiff has been examined by numerous doctors, whose findings related to plaintiff's accident and injury are at best inconclusive, if not negative.

On January 12, 1983, plaintiff had x-rays taken at the Tioga Clinic which revealed no sign of injury to her back. Plaintiff continued to work for the hospital despite her alleged pain. She saw Dr. Charles R. Joiner, a general practitioner, on May 20, 1983, and again on June 2, 1983. In his deposition, which was admitted into evidence at trial, Dr. Joiner stated that he believed that when he first saw the plaintiff on May 20, 1983, she had an irritation to the sciatic nerve and muscle tension headaches. Dr. Joiner also testified in his deposition that plaintiff gave him a two-year history of having such pain and that she denied the occurrence of any traumatic event. He prescribed medication for her and later gave her a written excuse authorizing her to return to work with light duty assignments. Plaintiff discontinued seeing Dr. Joiner because she was not satisfied with his treatment of her. Upon her return to work, plaintiff was terminated from employment because there were no light-duty jobs available at the hospital.

Plaintiff also saw Dr. Edward R. Villemez, a general surgeon, in June of 1983. Dr. Villemez testified in his deposition that a physical examination of plaintiff revealed only some tenderness in the area of the right buttock. All of his other physical findings were negative. Dr. Villemez also testified that plaintiff made no mention to him of any work-related accident as the source of the pain of which she complained.

Plaintiff also saw Dr. Vanda L. Davidson, an orthopedic specialist, on a continuing basis beginning on October 6, 1983. Over the course of treatment, Dr. Davidson examined plaintiff and had x-rays, a CAT-scan, E.M.G. and oblique tomograms performed on her. These tests revealed no objective positive indication of injury. Dr. Davidson's physical examination of plaintiff did yield some signs of injury. Dr. Davidson found on some occasions that plaintiff experienced muscle spasms and tenderness on the right side, that plaintiff's reflex in the right ankle was absent, and that plaintiff's ability to bend was limited. However, Dr. Davidson testified in his first deposition that he did not believe that there was a strong correlation between what may have happened at work and the physical problems that plaintiff was experiencing. In a second deposition, Dr. Davidson stated that his findings were so minimal that no one could make a positive diagnosis based on them and that he was not sure that plaintiff had done any permanent harm to her back from her activities at work. Dr. Davidson indicated that it would take another three or four months in order to determine if plaintiff's condition could be properly diagnosed. Plaintiff was scheduled to return to Dr. Davidson on September 27, 1984, a month prior to her trial, for further examination and testing but failed to keep that appointment.

Plaintiff was also under the care of a chiropractor, R.A. Rabalais, from June 13, 1983 through March 5, 1984, for her alleged work-related injury. Dr. Rabalais testified by deposition that he had previously treated plaintiff in 1979 for another back injury.

At the request of St. Paul, plaintiff was examined by Dr. Ray J. Beurlot, an orthopedic *1167 specialist, on September 15, 1983. Dr. Beurlot, as evidenced by his deposition, was of the opinion, based upon his examinations and testing of plaintiff, that she was not disabled from carrying out her custodial duties at the hospital.

On December 7, 1983, plaintiff, through her attorney of record at the time, Thomas R. Willson, filed suit for compensation benefits against the hospital and its worker's compensation insurer, St. Paul. On July 13, 1984, a pretrial conference was held by the trial judge with the attorneys for both parties and a trial date was set for October 31, 1984. The issues for trial, according to the pretrial order were whether or not plaintiff sustained an accident and incurred her injuries on the job, and if so, what benefits was she entitled to recover and the applicability of penalties and attorney's fees.

On October 10, 1984, plaintiff, through her counsel of record at the time, Mr. Willson, filed a motion for continuance on the grounds that she had recently visited another orthopedist, Dr. Stuart I. Phillips, who ordered more testing to diagnose her condition and on the ground that the results of these tests would not be available prior to the scheduled trial date. After a hearing on this motion for continuance, the trial judge denied plaintiff's request for a continuance.

On October 25, 1984, plaintiff filed in the record an affidavit in authentic form stating that she was aware that trial on the merits was set for October 31, 1984, and that she knew that she would be expected to present all of her evidence at that time; that she had discharged her retained attorney, Mr. Willson, no longer desiring him to represent her in the matter; that she desired to hire another attorney; and that she had been advised by Mr. Willson to retain another attorney to represent her. On October 31, 1984, the day of trial, Mr. Willson, her then attorney of record, filed a motion to withdraw which was granted by the trial judge.

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486 So. 2d 1164, 1986 La. App. LEXIS 6655, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hall-v-doctors-hosp-of-tioga-lactapp-1986.