Jesse Stutts, Inc. v. Hughey

154 So. 3d 155, 2014 Ala. Civ. App. LEXIS 88, 2014 WL 1978856
CourtCourt of Civil Appeals of Alabama
DecidedMay 16, 2014
Docket2130041
StatusPublished
Cited by1 cases

This text of 154 So. 3d 155 (Jesse Stutts, Inc. v. Hughey) is published on Counsel Stack Legal Research, covering Court of Civil Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jesse Stutts, Inc. v. Hughey, 154 So. 3d 155, 2014 Ala. Civ. App. LEXIS 88, 2014 WL 1978856 (Ala. Ct. App. 2014).

Opinion

THOMPSON, Presiding Judge.

Jesse Stutts, Inc. (“Stutts”), appeals from a judgment entered by the Madison [157]*157Circuit Court (“the trial court”) finding that a recent back injury suffered by William H. Hughey was caused by injuries that Hughey had received in a 2002 accident that arose out of his employment with Stutts. The trial court ordered Stutts to approve and pay for the treatment of the current injury, including surgery. The trial court also found Stutts and its workers’ compensation claims administrator in contempt for violating the “future-medical provisions” of a 2004 settlement agreement into which the parties had entered to resolve issues arising out of the 2002 accident.1

The record indicates the following. Hu-ghey suffered a number of injuries in the 2002 accident, including three compression fractures to his spine at the T6, Til, and L2 levels. In May 2003, Hughey underwent kyphoplasty surgery to ease the pain caused by the compression fractures. According to the record, kyphoplasty surgery involves injecting “medical cement” into the fractures. After that procedure, Hu-ghey went to physical therapy. Because he was still experiencing back pain, Hu-ghey was referred to Dr. John Roberts, a pain-management specialist, in 2004. Dr. Roberts has provided treatment to Hu-ghey continuously from 2004 and was still treating him at the time of the trial.

Dr. Roberts testified in his deposition that, when he first began treating Hughey, Hughey complained of back pain and left-leg pain “that was in an L5-S1 distribution.” Dr. Roberts explained that, although the compression fractures were higher in Hughey’s back than the L5-S1 level, anything that affects components of the spine “can ultimately impact the nerve,” causing nerve pain down one’s leg. As part of his treatment for managing Hughey’s pain, Dr. Roberts provided Hu-ghey with numerous injections and blocks at intervals of time. Through the years, Dr. Roberts has also prescribed numerous pain medications, including some narcotics, to relieve Hughey’s pain.

In August 2006, Hughey wrote a letter, addressed to “To Whom It May Concern,” stating that the injections he received from Dr. Roberts helped not only with his back pain, but also “with the problem with my right and left legs just losing all stability.” He went on to say in the letter that he had fallen several times because his legs “collapse” on him. In his deposition, Dr. Roberts testified that the residual pain Hu-ghey continues to have as a result of the compression fractures “can make you feel weak or feel like you can’t support your body and need to sit down.”

On June 6, 2011, Dr. Roberts saw Hu-ghey and gave him his regularly scheduled set of injections. Hughey returned to Dr. Roberts on July 11, 2011. According to a nursing note made on that visit, Hughey reported that he had fallen at work and hurt his back. At that time, Hughey was working as a cook and dishwasher at a Cracker Barrel restaurant. In his deposition, which is included in the record, Hu-ghey was asked whether he was ever injured while working for Cracker Barrel. He said that in September 2011 his legs “gave out” on him, causing him to fall “flat on [his] back.” He said that the fall hurt his head and his “whole back area, especially in my butt area.” Hughey said that he reported the incident to his supervisor and that his supervisor filled out an incident report. Hughey testified that, after his fall, he was “given a paper” to go see a doctor at Athens Hospital. However, Hu-[158]*158ghey said, he decided not to seek treatment or workers’ compensation benefits from Cracker Barrel as a result of that fall, because, he said, “it wasn’t Cracker Barrel’s fault.” Instead, Hughey said, his leg gave out on him because he had not had his injection. He explained that he had to have his injections at least every three or four months or his “legs go out.” Hughey said that he told his supervisor that he fell because his legs “gave out.”

Records from Cracker Barrel do not contain a report indicating that Hughey fell or was injured in September 2011. There is, however, an “Incident Abstract” indicating that on the evening of July 10, 2011 — the day before Hughey reported to Dr. Roberts’s nurse that he had fallen at work and hurt his back — Hughey reported that he had hurt his back when he tripped on an object while “carrying [a] disher from grill to dish.” Dr. Roberts was asked during his deposition whether, assuming Hughey’s fall at the Cracker Barrel restaurant occurred on July 10, 2011, Hu-ghey’s statement that his legs “gave out” on him because he had not timely received his injections would be correct. Dr. Roberts said no, “that certainly is not a valid statement.”

In addition to the reported July 10, 2011, incident at the Cracker Barrel restaurant, the record contains an “Emergency Physician Record — Fall” from Athens-Limestone Hospital dated June 14, 2011— approximately one week after Hughey received his June 6, 2011, injections from Dr. Roberts. The “Emergency Physician Record” indicates that, on that occasion, Hu-ghey was complaining of lower back pain and pain to both knees. The “context” portion of the record contains three options for the fall, “tripped/slipped/lost balance.” The word “slipped” is circled, and there is a notation: “@ Hardee’s Sts wet floor.” Hughey was diagnosed with contusions to his knees and lumbosacral strain and released to return home and take prescribed Norco, a narcotic pain reliever. Athens-Limestone Hospital emergency-department records indicate that Hughey returned to the emergency department on June 17, 2011. At that time, X-rays were taken of his spine and both knees. Hu-ghey was given Toradol, a nonsteroidal anti-inflammatory drug used to decrease pain or swelling, and instructed to return to the emergency department if his pain grew worse. He was also told to follow up with pain medication as needed and to ice sore areas.

Hughey testified that, on Father’s Day 2011, he slipped and fell in water on the floor at a fast-food restaurant and landed on his back. An ambulance took him to the hospital, Hughey said. X-rays were taken, and Hughey said that, as a result of the fall, he was “bruised up” but nothing was broken. He said that the fast-food restaurant paid his medical bills for his treatment related to the incident.

Hughey visited Dr. Roberts again on October 11, 2011. Records from that visit indicate that Hughey had tested positive for the use of cocaine in a drug screen routinely given to Dr. Roberts’s patients. Dr. Roberts testified that his usual practice is to dismiss patients who test positive for illegal drugs. In this case, however, Hughey told Dr. Roberts that he had not taken cocaine and that he believed someone had given it to him without his knowledge. Dr. Roberts recommended to Hu-ghey that he report his suspicions to police and told Hughey that another positive test for illegal drugs would result in his dismissal from Dr. Roberts’s care.

The notes from Hughey’s October 11, 2011, visit show that Hughey told Dr. Roberts’s nurse that he had been hit in the back with debris from a tornado in April 2011. In his deposition, taken August 29, [159]*1592012, Hughey testified that he had been in his house when a tornado hit the house. He said that the house was “gone” but that he had not been injured. He also stated that a wall had fallen on him.

The October 2011 record also indicates that Hughey stated that his lower back and leg pain was not responding to the injections like it had in the past.

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Bluebook (online)
154 So. 3d 155, 2014 Ala. Civ. App. LEXIS 88, 2014 WL 1978856, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jesse-stutts-inc-v-hughey-alacivapp-2014.