Hanks v. CRC Holston, Inc.

430 So. 2d 1340, 1983 La. App. LEXIS 8375
CourtLouisiana Court of Appeal
DecidedApril 13, 1983
Docket82-690
StatusPublished
Cited by10 cases

This text of 430 So. 2d 1340 (Hanks v. CRC Holston, Inc.) 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
Hanks v. CRC Holston, Inc., 430 So. 2d 1340, 1983 La. App. LEXIS 8375 (La. Ct. App. 1983).

Opinion

430 So.2d 1340 (1983)

Kurt HANKS, Plaintiff-Appellant,
v.
CRC HOLSTON, INC. et al., Defendants-Appellees.

No. 82-690.

Court of Appeal of Louisiana, Third Circuit.

April 13, 1983.
Rehearing Denied May 26, 1983.

*1341 Marcantel & Marcantel, David E. Marcantel, Jennings, for plaintiff-appellant.

F. Jefferson Millican, Jennings, for defendants-appellees.

Before DOMENGEAUX, LABORDE and YELVERTON, JJ.

LABORDE, Judge.

Kurt Hanks, plaintiff-appellant, filed a worker's compensation claim against CRC Holston, Inc. and its insurer, Home Insurance Company, for injuries to his mouth resulting from an on-the-job accident. Hanks' petition sought a letter of financial responsibility from CRC and Home for all medical treatment necessary to grant him maximum recovery from his injury; compensation for permanent disfigurement and loss of a physical function; and penalties and attorney fees. The trial court rendered judgment in favor of Hanks in the sum of $1,770.00 for repairing the two front teeth with an additional $1,000.00 for whatever may be involved in additional costs. Hanks appeals. We amend and affirm as amended. We find that the trial judge was clearly wrong in only awarding $2,770.00 to Hanks for the injuries to his mouth. We find that Hanks' loss of two teeth constituted a loss of a physical function. Therefore, we conclude that he is entitled to an award in the sum of $183 per week for 100 weeks with legal interest from date of judicial demand until paid. Further, we find Hanks is entitled to a letter of financial responsibility from CRC and Home guaranteeing their financial responsibility for all medical, orthodontic and dental treatment necessary to grant him maximum recovery for hison-the-job injury. Finally, we find that Hanks is entitled to receive a sum of 12% on all sums due and owing and attorney's fees in the amount of $5,000.00 with legal interest on the above amounts from date of judicial demand until paid.

The issues on appeal are as follows:
1) Whether or not the trial court erred in failing to award Hanks any amount for disfigurement and impairment of a physical function.
2) Whether or not the trial court erred in failing to order CRC and Home to provide Hanks with orthodontic treatment.
3) Whether or not the trial court erred in setting a flat figure for the future medical awards.
4) Whether or not the trial court erred in failing to find that CRC's and Home's handling of the claim was arbitrary and capricious and failing to award Hanks attorney's fees, penalties and interest.

On October 21, 1981, Hanks was injured during the course and scope of his employment with CRC. Hanks suffered a split lip and the loss of his two front teeth. Hanks *1342 received prompt emergency treatment and subsequently consulted his family dentist, Dr. Donald McSpadden, in Jennings, Louisiana. Dr. McSpadden determined that certain orthodontic work was necessary before he could begin procedures to replace the two lost teeth. Shortly thereafter, Hanks was referred to Dr. Kirby J. Guidry, orthodontist, for an orthodontic evaluation. Dr. Guidry's examination confirmed Dr. McSpaddens' evaluation. Shortly after the accident, Hanks began making demand for treatment on CRC and Home. On or about November 25, 1981, CRC received letters from Drs. McSpadden and Guidry concerning the treatment necessary for Hanks recovery.

Dr. Guidry refused to begin orthodontic work until he was given assurance of payment or a down payment and Dr. McSpadden could not begin dental work until the orthodontic work had been completed.

Hanks made continuous demands on the insurance representative of CRC that they provide him with medical treatment. No treatment was ever authorized and Hanks was never told when he would be able to start treatment. Finally, on or about March 29, 1982, Hanks contacted his attorney who sent a certified letter on his behalf to Mr. Jimmy Robert, president of CRC, demanding that CRC have its workmen's compensation insurer give a letter within one week assuring that they would pay all medical expenses of Hanks due to his October accident. CRC received the letter on March 30, 1982.

In May, 1982, CRC made a settlement offer in approximately the amount necessary to pay Hanks' medical expenses, $4,600.00. Hanks replied stating that he had a right to reasonable compensation for his permanent disfigurement and impairment of a physical function due to his front teeth being knocked out.

CRC sent a letter dated June 3, 1982, which again offered only the estimated medical expense, $4,600.00. Their offer was in full settlement of all claims.

On June 4, 1982, the present suit was filed against CRC and Home. The case was set for trial on August 23, 1982. CRC and Home requested a continuance to have Hanks examined by an additional orthodontist. The continuance was granted and the case was reset for September 16, 1982.

Thereafter, Hanks was examined by Dr. Jerome Hebert, orthodontist, who confirmed the findings of Drs. McSpadden and Guidry that orthodontic treatment was necessary before Hanks' teeth could be replaced.

Disfigurement and Impairment of a Physical Function

Hanks contends that the trial court was clearly wrong in not providing an award for disfigurement-impairment. It is his contention that the fact his two front teeth were knocked out in an on-the-job accident entitles him to compensation under LSA-R.S. 23:1221(4)(p). We agree.

The Supreme Court in Jenkins v. Orleans Parish School Board, 310 So.2d 831 (La. 1975), discussed this issue in an analogous factual situation. In Jenkins, the Supreme Court made the following statement:

"This compensation jurisprudence has consistently allowed disfigurement-impairment awards for loss of natural teeth and, in doing so, has rejected contentions of non-compensability because dentures were claimed to be a cosmetic or functional improvement. Whatever temporary artificial aid dentures might provide, the employee has permanently lost part of his body due to an accident at work. Since without dentures the employee has no teeth, the courts have held that despite dentures, the employee may be considered seriously disfigured and his function of chewing as seriously impaired..."

In light of the above, we conclude that the loss of natural teeth is considered a disfigurement and impairment of a physical function thereby compensable.

The trial court stated in its written reasons for judgment that "there was an allegation about seriously and permanently disfiguring" but "there's no evidence about that at trial here today and therefore apparently *1343 it was abandoned by the plaintiff". We disagree. The record shows that Hanks lost his two front teeth and that he needed dental and orthodontic treatment. We conclude that this is sufficient to entitle Hanks to recover. In support of our conclusion, the record revealed that counsel for Hanks specifically asked that Hanks be allowed to testify that he had difficulty speaking and eating. The trial court stated:

"Obviously it's going to affect your speaking when you've got two front teeth missing. You don't have to tell me that."

Therefore, we conclude that the trial court was clearly wrong in not awarding a sum for disfigurement and/or impairment of a physical function under LSA-R.S. 23:1221(4)(p).

Under LSA-R.S.

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430 So. 2d 1340, 1983 La. App. LEXIS 8375, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hanks-v-crc-holston-inc-lactapp-1983.