Hooper v. Hartford Accident & Indemnity Co.

80 So. 2d 891, 1955 La. App. LEXIS 835
CourtLouisiana Court of Appeal
DecidedMay 27, 1955
DocketNo. 4030
StatusPublished
Cited by3 cases

This text of 80 So. 2d 891 (Hooper v. Hartford Accident & Indemnity 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
Hooper v. Hartford Accident & Indemnity Co., 80 So. 2d 891, 1955 La. App. LEXIS 835 (La. Ct. App. 1955).

Opinion

LOTTINGER, Judge.

This is a suit for Workmen’s Compensation wherein the petitioner, Alfred D. Hooper, claims total and permanent disability. The defendant is Hartford Accident & Indemnity Company, the compensation insurer of Cities Service Refining Company. The Lower Court awarded judgment for defendant and dismissed petitioner’s suit. The petitioner has appealed.

The petition alleges that on August 6, 1953, while employed by Cities Service Refining Company, petitioner was involved in an accident resulting in injury to his back. He claims that the said injury has left him totally and permanently disabled to perform his duties as a boilermaker, and asks for judgment accordingly.

The evidence discloses that petitioner was employed as a boilermaker by Cities Service Refining Company in Calcasieu Parish, Louisiana. At about 2:30 a. m. on August 6, 1953, while petitioner and his helper were attempting to move a heavy metal cover plate, an accident occurred which caused petitioner’s body to be suddenly jarred and twisted. Petitioner testified that, at the time of the accident, he immediately felt a sharp pain in his hip and across the small of his back. This pain subsided shortly thereafter, and petitioner continued to perform his duties until the end of his shift at eight o’clock that morning. He then went home, retired and slept from about 9:00 o’clock a. m. until 4:00 o’clock p. m. Upon waking up at about four o’clock, he rolled out of bed and knelt down to pray, but when he attempted to arise from his kneeling position he felt a severe pain in his back, which became more severe as he stood up. Upon ■standing up he found that he was unable to move. A doctor was immediately summoned, and upon petitioner’s instructions Mrs. Hooper called the First Aid Station at the refinery and notified them of the accident which had occurred at two-thirty that morning.

The accident was not reported by petitioner, or anyone else until approximately thirteen and one-half hours after it is alleged to have occurred. However, both petitioner and his helper were well aware-of a strict company rule which requires the prompt reporting of all accidents. The evidence indicates that petitioner saw his foreman on several occasions after the accident, however, he failed to report same. The evidence further shows that petitioner and his helper went to the First Aid Station to get a pill, but they still failed to-report the accident. Petitioner’s helper, Adam Soileau, testified that he was ordered by petitioner not to report the accident, and there were no other eye witnesses to the accident.

The record shows that petitioner received compensation, at $30 per week, from: the date of the accident until January 14, 1954, at which time such payments were discontinued. All medical expenses were paid by defendant.

The defendant filed answer denying that petitioner was involved in an accident, denying that petitioner received any injury if any accident did occur, and claiming that, if petitioner was accidently injured, he is now fully recovered and able to: assume his occupation as boilermaker.

[893]*893The Lower Court favored us with a well reasoned written opinion, wherein it decided as follows:

“The question of whether plaintiff was still disabled on January 14, 1954, or whether by that time he had recovered from the injury which he is alleged to have received on August 6, 1953, will be considered first, since this Court is of the opinion that the entire case can be disposed of on that issue.
“Shortly after plaintiff noticed the pain in his back about four o’clock on the afternoon of August 6, 1953, he was examined and treated by Dr. B. M. Woodard, a physician of plaintiff’s own choice, who had treated him on another occasion prior to that time. Dr. Woodard treated plaintiff continuously from the date of the accident until December 14, 1953, at which time plaintiff was discharged as being fully recovered and able to return to his regular duties.
“Dr. Woodard, as a witness for the plaintiff, testified that at the time he examined Mr. Hooper on August 6, 1953, he found that he was suffering from ‘a strain of the lumbosacral muscles to the back, with spasm which is the indication of the strain.’ He further testified that all muscle spasm had disappeared by November 2, 1953, and that plaintiff had fully recovered from any further disability and was able to return to work by December 14, 1953. At the time he was discharged plaintiff still complained of pain in his back, but Dr. Woodard was not able to find any objective symptoms which could cause the pain, and in spite of that complaint he concluded that plaintiff had fully recovered and was able to return to his regular duties. The record shows that Dr. Woodard notified defendant in writing on January 23, 1954, that plaintiff ‘was discharged from this office December 14, 1953, as being able to return to work and in my opinion there is no permanent disability.’
“In connection with the treatment administered by Dr. Woodard, plaintiff was taken to the Methodist Hospital in Houston, Texas, where he was examined by Dr. B. F. Boylston, an orthopedic surgeon on the staff of that hospital, and by Dr. William S. Fields, a neurological surgeon on the staff of the Texas Medical Center of Houston, Texas, and Professor of Neurology at the Baylor University College of Medicine. Both of these doctors examined and observed plaintiff during the period beginning October 26 and ending October 30, 1953. By stipulation of counsel the written report of each of these doctors was received in evidence in lieu of their testimony.
“The following portion of Dr. Boyl-ston’s report summarizes his findings:
“ ‘This rather obese 57 year old man, while under observation in the Methodist Hospital required no medication for pain. His physical findings, X-ray findings, and neurological examination are not consistent with a ruptured inter-vertebral disc. It was recommended that the patient have lumbar nyelogram for diagnosis only; he refused this at the time.
‘It is my feeling that this patient has sustained a lumbosacral strain which has not responded as well to conservative treatment as one would expect due to his age and a large pendulous abdomen. I should recommend that this patient be kept on conservative treatment for a period of three months from the time of his original injury. He should continue to wear his lumbosacral support which is entirely adequate. I do not believe that this patient will sustain any residual permanent partial disability as a result of his recent injury.’
“Dr. Fields concluded his report with the following statements:
[894]*894“ ‘There was nothing’ in the examination at the time which would indicate any evidence of ruptured intervertebral discs. On the other hand, there appeared to have been some lumbosacral strain. The abnormal motor and sensory findings in the neurologic examination do not fit any neurologic picture. They are on the other hand, more suggestive of psycho-neurotic reaction.
“ ‘It is my impression that the patient has suffered from a lumbosacral strain and that a good bit of the present difficulty is complicated by the presence of psycho-neurosis with a hysterical conversion reaction.

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Bluebook (online)
80 So. 2d 891, 1955 La. App. LEXIS 835, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hooper-v-hartford-accident-indemnity-co-lactapp-1955.