Hicks v. J. B. Beaird Co.

142 So. 2d 589, 1962 La. App. LEXIS 2077
CourtLouisiana Court of Appeal
DecidedJune 14, 1962
DocketNo. 9738
StatusPublished
Cited by2 cases

This text of 142 So. 2d 589 (Hicks v. J. B. Beaird 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
Hicks v. J. B. Beaird Co., 142 So. 2d 589, 1962 La. App. LEXIS 2077 (La. Ct. App. 1962).

Opinion

AYRES, Judge.

By this action, plaintiff seeks to recover of his former employer and its insurer workmen’s compensation at the maximum statutory rate for total and permanent disability.

This action is predicated upon an accident of March 10, 1958, near Clinton, Iowa. As a result of the accident, plaintiff first claimed to have sustained personal injuries of a disabling nature. By an amended petition, plaintiff claims to have experienced, because of the accident, a conversion reaction or to have sustained traumatic neurosis. The trial court, obviously concluding that plaintiff had failed to establish his claims by a preponderance of the evidence, rejected his demands, and he has appealed.

The issues are entirely factual in character and are confined and related to the questions (1) as to whether plaintiff suffered a conversion reaction or traumatic neurosis; (2) if so, as to the causal relationship between the accident and such affliction; and (3), if so, as to whether plaintiff is disabled as a result thereof. Entwined with these questions is the further question, of primary importance, as to whether plaintiff has sustained the burden of proof by a reasonable preponderance of the evidence.

The facts of plaintiff’s employment and the occurrence of an accident are not in dispute. Plaintiff’s employment with The J. B. Beaird Company, Inc., as a truck driver began in Shreveport during October, 1956. He continued in this employment until the date of the accident. For a period of time prior to the accident, he had been operating from the corporation’s place of business in Clinton, Iowa. On the occasion of the accident, plaintiff was driving a truck and trailer combination unit on a mission from Clinton, Iowa, to Lenore, Kansas. Under difficult driving conditions, due to snow and ice on the highway, plaintiff lost control of his equipment. The trailer skidded, and the unit came to rest in a roadside ditch. In the aforesaid process, plaintiff was thrown to the opposite side of the cab, as a result of which he first claimed to have sustained bodily injuries, and, finally, to have become afflicted with a conversion hysteria.

Certain material facts are admitted or have been established beyond successful contradiction. To these, we shall make brief reference.

Soon after the accident, plaintiff was examined by Dr. James H. Taylor, an orthopedic surgeon of Clinton, Iowa. Dr. Taylor’s diagnosis was that plaintiff had sustained a muscle strain in his lower back. For observation and treatment, plaintiff was hospitalized for a period of four days. Dr. Taylor’s opinion, on discharging plaintiff from further treatment, on March 18, 1958, was that plaintiff would experience no permanent disability as a result of the accident.

Returning to Shreveport, plaintiff consulted Dr. J. C. Sanders who, after examination, made a diagnosis of lumbosacral strain. An x-ray examination by Dr, Sanders, as did the one made by Dr. Taylor, failed to disclose any evidence of injury. [591]*591Dr. Sanders’ opinion was that no permanent effect would result from the accident.

Hicks was next examined by Dr. Willis J. Taylor, an orthopedic specialist, who found his complaints almost entirely subj ective in character, but- he suggested continued observation and treatment on the basis of plaintiff’s complaints. A third x-ray examination was negative, and, after having observed and treated plaintiff on several occasions, Dr. Taylor discharged him, on July IS, 1958, as having fully recovered with no residual disability.

Upon referral by his attorney, Dr. Ford J. MacPherson, another orthopedist, examined plaintiff on July 22, 1958. Dr. MacPherson reported that plaintiff’s examination was completely negative and there were no objective findings to support plaintiff’s claim of discomfort. The doctor found no disability in plaintiff and was of the opinion plaintiff could return to his previous occupation without any disability whatsoever. Whatever injury plaintiff may have sustained in the accident had, in the doctor’s opinion, completely subsided on the date of his examination, and without any residual effects.

The aforesaid orthopedic examinations failed to indicate or establish any disability resulting from any alleged accidental injuries sustained by plaintiff.

However, on September 26, 1958, a neurological examination was conducted by Dr. Heinz K. Faludi, a neurosurgeon. At the time, plaintiff complained of pain in his lower back and right shoulder. The examination was negative. The doctor was of the opinion that plaintiff had not sustained any residual disability as a result of the accident.

Plaintiff, on October 16, 1958, applied for and obtained a job as truck driver for the Arkansas-Louisiana Gas Company. A pre-employment physical examination was conducted by Dr. M. C. Crandall, who found plaintiff physically acceptable for employment. Plaintiff, thus employed as a truck driver on a pipeline construction job in the State of Arkansas, worked and drove a truck for two months. His employment was terminated only because of the completion of the project.

A fourth orthopedic examination was conducted by Dr. Ray E. King on April 8, 1959. Notwithstanding that plaintiff complained of ■ pain in his back, Dr. King’s clinical and x-ray examinations failed to disclose any positive evidence to support the same.

Plaintiff, through counsel, concedes that, in view of the fact that the examinations of four orthopedic surgeons, a neurosurgeon, and a general practitioner failed to establish or to indicate that he had sustained any residual or permanent disability because of the personal injuries alleged to have been sustained in the accident, he must, of necessity, rely for recovery solely on the contention of disability as a result of traumatic neurosis or conversion hysteria.

A psychiatric examination was conducted by Dr. Andrew J. Mullen on October 30, 1959. This examination was essentially negative; there were no findings indicative of neurosis or conversion reaction. Pursuing the question further, Dr. Erie W. Harris conducted a second psychiatric examination December 29, 1959.

From the testimony of these specialists, traumatic neurosis or conversion reaction would appear to be an emotional disturbance directed to and impairing the sensory or muscular system of the body, manifested objectively in a great number of ways, such as, for example, by paralysis or trembling of the limbs or other portions of the body, and defects in vision.

Dr. Harris’ diagnosis was that plaintiff was suffering from a conversion reaction; that such condition resulted from the injuries sustained in the accident, and that plaintiff was disabled. This diagnosis and the opinion, however, were predicated upon the existence o,f facts elicited from plaintiff. In this regard, it may be pointed out that [592]*592many important facts, such as plaintiff’s subsequent employment, were not disclosed to the doctor and he had no knowledge of those facts at the time he made his examinations or arrived at his conclusions. The doctor frankly admitted that these facts would have had considerable bearing or influence upon his opinion, had he been informed of their existence.

We find this series of questions and answers in the doctor’s testimony:

“Q. You do not recall him telling you that he actually worked as a truck driver following his accident in March of 1958?
“A. No, I don’t.
“Q.

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Bluebook (online)
142 So. 2d 589, 1962 La. App. LEXIS 2077, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hicks-v-j-b-beaird-co-lactapp-1962.