LeBlanc v. Wal-Mart Stores, Inc.

177 So. 3d 1125, 15 La.App. 3 Cir. 558, 2015 La. App. LEXIS 2173, 2015 WL 6735629
CourtLouisiana Court of Appeal
DecidedNovember 4, 2015
DocketNo. 15-559
StatusPublished
Cited by3 cases

This text of 177 So. 3d 1125 (LeBlanc v. Wal-Mart Stores, 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
LeBlanc v. Wal-Mart Stores, Inc., 177 So. 3d 1125, 15 La.App. 3 Cir. 558, 2015 La. App. LEXIS 2173, 2015 WL 6735629 (La. Ct. App. 2015).

Opinion

CONERY, Judge.

It The employer, Wal-Mart Stores Inc./ Wal-Mart Distribution Center (Wal-Mart), appeals from a judgment rendered by the workers’ compensation judge (WCJ) in favor of its employee, Mona Le-Blanc, retroactively awarding her temporary total weekly workers’ compensation indemnity benefits (TTD benefits). The WCJ found that the injuries to Ms. Le-Blanc’s neck and back were causally related to her work-related accident and awarded Ms. Leblanc TTD benefits, plus payment of medical benefits to Ms. Le-Blanc retroactive to the date of injury, with reimbursement to her former employer, the Lafayette City-Parish Consolidated Government (LCG), for the medical benefits paid on her behalf pursuant to a group health plan covering Ms. LeBlanc. Penalties and attorney fees were also awarded to Ms. LeBlanc. For the following reasons, we affirm.

FACTS AND PROCEDURAL HISTORY

The parties stipulated that the November 2, 2010 accident, wherein Ms. LeBlanc was checking the seal on an eighteen wheeler when the truck suddenly backed up striking the left side of her body and her left knee, occurred in the course and scope of her employment with Wal-Mart. [1128]*1128Ms. LeBlanc filed a disputed claim for compensation on December 15, 2010, alleging she was entitled to both TTD benefits and medical benefits, in addition to penalties and attorney fees. ‘At the trial held on October 17, 2011, the main issue before the WCJ was the causal link between the accident and Ms. LeBlanc’s claimed injuries to her neck and back, and, if linked, Wal-Mart’s responsibility to pay TTD benefits, the amount of those benefits, unpaid medical costs, penalties, and attorney fees.

Wal-Mart contends and Ms. LeBlanc does not dispute that at the time of the accident, Ms. LeBlanc only mentioned that the truck had injured her left knee and | {.shoulder. Her original statement right after the accident is consistent with her coworker’s stipulated testimony that at the time of the accident, Ms. LeBlanc only mentioned her left knee and shoulder. However, the Employer Report of Injury Form, filled out by a Wal-Mart employee three days later on November 5, 2010, stated Ms. LeBlanc’s injury was a “sprain/multiple body parts.”

Ms. LeBlanc explained that she began to experience back pain and soreness in multiple parts of her body in the days that followed the November 2, 2010, accident. The Associate Statement signed by Ms. LeBlanc on November 5, 2010, stated she had “swelling and ache,” and in response to a question about physical signs of injury, she responded, “yes, swelling (knot).”

Ms. LeBlanc saw. Dr. Kevin Guillory, Wal-Mart’s company physician, on November 5, 2010. Dr. Guillory’s report, under the heading “Subjective,” indicated that Ms. LeBlanc presented with the following complaints, “pain in left shoulder, stiffness in joints, joint swelling, pain in left knee, slight back pain, tingling in left foot, slight headache and pain in left elbow.” Dr. Guillory’s records indicated, “the major pain is to the left knee. Pain is localized to the top of left knee (+) pain in left shoulder, pain in left knee, pain in left elbow, tingling in left foot, joint stiffness, joint swelling, and thoracic back, head.” Dr. Guillory addressed only the injury to her left knee and referred Ms. LeBlanc to the laboratory for mandatory employee drug testing. He diagnosed a left knee sprain, took x-rays of the left knee, and prescribed ibuprofen. Apparently, Wal-Mart had only approved treatment for Ms. LeBlanc’s left knee. Dr. Guillory released her to return to work with “modified duty.”

On November 8, 2010, Ms. LeBlanc was still experiencing considerable pain in multiple body parts and scheduled an appoint- ■ ment with Dr. Keith Mack at the | ^Metropolitan Health Clinic arranged by her attorney. Ms. LeBlanc complained of pain in her back, between the shoulder blades, and in her lower back. She also complained of pain in the left shoulder, left knee, and her ribs. Dr. Mack related Ms. LeBlanc’s injuries to her November 2, 2010 work accident. On farther examination of Ms. LeBlanc, Dr. Mack stated in his report, “There is left chest wall tenderness. No swelling, bruising, or crepitus is noted.” With respect to her back, he stated, “Forward flexion to approximately 90 degrees induces pain. There is tenderness in the thoracic paraspinous musculature bilaterally, no spasm.” Dr. Mack prescribed pain medication for Ms. LeBlanc and ordered physical medicine treatments three times a week for four weeks for her chest, back, left shoulder, thoracic spine, and left knee. As of November 8, 2010, Dr. Mack restricted Ms. LeBlanc from any work at Wal-Mart. There was no noticeable change in Ms. LeBlanc’s November 22, 2010 follow-up appointment with Dr. Mack, and he continued her on a “no work” status.

[1129]*1129At her December 17, 2010 appointment with Dr. Mack, Ms. LeBlanc continued to complain of pain in her back between her shoulder blades and in her lower back, as well as pain in her left shoulder and left knee. Dr. Mack related the following positive findings: “The back has limited and painful range of motion. There is tenderness and spasm in the paraspinous musculature in the thoracolumbar region.... tenderness in the posterior trapezius musculature and extending interiorly along the left shoulder blade.... tenderness just superior to the patella.” Dr. Mack continued her on a “no work” status.

When Ms. LeBlanc failed to improve with conservative treatment, an appointment was made for her to see Dr. Michael Heard, an orthopedic specialist, who then functioned as her treating physician through the trial date of October 17, | ¿2012. At her January 25, 2011 visit with Dr. Heard, Ms. LeBlanc reported pain in her neck, left shoulder, left and right ribs, middle and low back, right and left hips, and right and left knees. Dr. Heard related Ms. LeBlanc’s neck and back pain to the November 2, 2010 accident and stated, “The patient has been unable to work since November 5, 2010, and remains unable to work at this time.” Dr. Heard also prescribed physical therapy, medication for pain, and further testing. In February 2011, after receiving notice of Dr. Heard’s work restrictions, Wal-Mart began to pay TTD benefits to Ms. LeBlanc.

Wal-Mart sought a second medical opinion (SMO), with Dr. Randall Lea pursuant to La.R.S. 23:1121, and on March 1, 2011, Ms. LeBlanc saw Dr. Lea. Ms. LeBlanc told Dr. Lea that she had never experienced cervical or thoracolumbar discomfort prior to the time of injury. Assuming that history was correct, Dr. Lea stated, “then it is conceivable that an injury event of the sort that she describes as having occurred can result in cervical discomfort at least to some degree.” With respect to Ms. LeBlanc’s thoracic and lumbar complaints, Dr. Lea stated:

[I]t may be that she had some sort of momentary and quick hyperextension moment applied in her upper thoracic region. In other words, if her history is completely true and accurate, then it is possible that she could have both thoracic and lumbar complaints as a result of the injury in question.

Dr. Lea found Ms. LeBlanc would have difficulty in returning to her former job with Wal-Mart and opined, “As she is now, she is within the SEDENTARY OCCUPATIONAL CATEGORY.”

On June 13, 2011, Ms. LeBlanc saw Dr. Thomas Butand, who was appointed by the WCJ to conduct an Independent Medical Examination (IME). Dr. Butand examined Ms. LeBlanc and issued a report on October 18, 2011, wherein he was asked to address the need for additional treatment and Ms. LeBlanc’s ^ability to return to work. Dr.

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Bluebook (online)
177 So. 3d 1125, 15 La.App. 3 Cir. 558, 2015 La. App. LEXIS 2173, 2015 WL 6735629, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leblanc-v-wal-mart-stores-inc-lactapp-2015.