Ledet v. Cetco Oilfield Services Co.

209 So. 3d 896, 16 La.App. 3 Cir. 342, 2016 La. App. LEXIS 2398
CourtLouisiana Court of Appeal
DecidedDecember 28, 2016
Docket16-342
StatusPublished

This text of 209 So. 3d 896 (Ledet v. Cetco Oilfield Services 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
Ledet v. Cetco Oilfield Services Co., 209 So. 3d 896, 16 La.App. 3 Cir. 342, 2016 La. App. LEXIS 2398 (La. Ct. App. 2016).

Opinion

SAVOIE, Judge

11 Plaintiff Clifford Joseph Ledet (Ledet) appeals a March 2, 2016 judgment of the workers’ compensation court finding that: 1) Ledet’s rheumatoid arthritis was not causally related to the work accident of October 17, 2012, and, thus, was not com-pensable under the Workers’ Compensation Act (WCA), and 2) Defendant CETCO Oilfield Services, L.L.C. (CETCO) was not responsible for the payment of medical treatment related to the rheumatoid arthritis, including the prescription Leucovo-rin.1 For the following reasons, we affirm.

FACTS AND PROCEDURAL HISTORY

On October 17, 2012, while Ledet was employed by CETCO, he tripped and fell moving handrails, injuring his lower back and left elbow. Immediately after the accident, Ledet presented to the Occupational Medicine Clinic of Acadiana (OMCA) walk-in clinic where he was evaluated by Dr. Ross Gardner. X-rays were taken which showed traction spurs and arthritic changes. Ledet related to Dr. Gardner that he had been taking Prednisone, a steroid, for a basketball injury, which occurred the previous month, but that he was out of the medication. Ledet was diagnosed with contusions to the lumbar spine and left elbow. He was released to work full time with no restrictions where tolerable. Later the same day, Ledet presented to the Iberia Medical Center emergency room. He did not mention his previous knee injury or any medications he was taking. Ledet was treated with Toradol to ease his pain and Norflex as a muscle relaxer. He was also prescribed Anaprox for inflammation and Flexeril for muscle spasms. X-Rays were also performed at Iberia Medical Center. These x-rays indicated degenerative joint disease and compression fractures, the age of which was unknown.

|2On October 23, 2012, Ledet had a follow-up visit with Dr. Gardner at OMCA. Ledet reported no pain except for some stiffness when arising in the morning. However, a skin rash was noted by Dr. Gardner as possible psoriatic arthritic disease. Ledet was released to full work duty with no restrictions.

Ledet returned to OMCA on November 7, 2012, seeing Dr. Tony Alleman. He prescribed Flexeril and Lodine and ordered an MRI for Ledet. Ledet did not follow-up with Dr. Alleman; instead he saw Dr. John Sledge at the Lafayette Bone and Joint Clinic. He first presented to Dr. Sledge on December 5, 2012. Ledet did not inform Dr. Sledge of his previous basketball injury. He reported aching and numbness in his knee and walked with a limp. He also had back pain. Dr. Sledge prescribed Prednisone and suggested physical therapy. Ledet continued treatment with Dr. Sledge periodically from December 2012 through trial.

On May 29, 2013, Ledet sought a second medical opinion from Dr, Douglas Bernard. Dr. Bernard suggested Ledet see a rheumatologist. Dr. Sledge was in agreement. On October 20, 2013, Ledet was involved in an automobile accident, result-[899]*899mg in neck and back pain. He was treated by a chiropractor. Dr. Sledge referred Le-det to a pain management doctor, Dr. Steven Staires. Dr. Staires first evaluated Le-det on February 18, 2014. He noted that Ledet had physical evidence of degenerative joint disease in his knees and polyar-thropathy (a type of arthritis) in his hands. Ledet was instructed to find a primary care physician in Houston, Texas, where he lives, for further treatment. It is unknown whether Ledet followed this advice.

On April 15, 2014, Ledet was seen by Dr. Joseph Nesheiwat, a rheumatologist. Dr. Nesheiwat attributed Ledet’s rheumatoid arthritis to his workplace injury. Le-det received steroid shots in his knee which were paid by |sCETCO until the issue of whether the rheumatoid arthritis was attributable to his workplace accident was resolved.

Ledet filed a claim with the workers’ compensation court on July 10, 2014, for CETCO’s failure to approve the medication Leucovorin, which was recommended by Dr. Nesheiwat to treat Ledet’s rheumatoid arthritis. CETCO answered, alleging the expenses sought were not related to the workplace accident.

Prior to commencement of trial, the parties agreed to the following stipulations:

1. Clifford Ledet was employed with Cetco on 10/17/12.
2. Clifford Ledet was involved in an accident in the course and scope of his employment with Cetco on 10/17/12.
8. As a result of the accident, Ledet sustained bodily injuries to his back and left elbow.
4.Cetco would pay Ledet past mileage expenses through the date of trial for medical treatment and prescriptions upon receipt of documentation evidencing the date of medical treatment and prescriptions, subject to a credit for mileage already paid by Cetco. Amount to be determined between the parties.
5. Ledet’s [Average Weekly Wage] (AWW) was $903.31. Wage benefits of $602.23 per week have been paid since injury.
6. There was no dispute as to timing or amount of wage benefit payments.
7. All medical benefits not related to rheumatoid arthritis have been paid.
8. The only issue of non-payment for medical treatment stems from the compensability of rheumatoid arthritis.

The workers’ compensation judge (WCJ) ruled in favor of CETCO and against Le-det, finding that Ledet’s rheumatoid arthritis was not causally related to the workplace accident and that he was not entitled to reimbursement for the prescription, Leucoverin. Ledet now appeals.

| .ASSIGNMENTS OF ERROR
1. The WCJ committed manifest error in failing to apply the presumption of causation.
2. The WCJ committed manifest error in holding Ledet’s rheumatoid arthritis was not causally related to the on the job accident and injury on October 17, 2012, as the WCJ’s findings and conclusions were not reasonably supported by the record.
3. The WCJ committed manifest error in admitting evidence and testimony, specifically Defendant Exhibit 14, regarding the records of Dautrive Hospital for the date of service of December 16, 2011, wherein Ledet complained of abdominal pain, vomiting and nausea.
4. The WCJ committed manifest error in admitting evidence and testimony, [900]*900specifically Defendant Exhibit 16, regarding the subsequent automobile accident of October 20, 2013.
5. The WCJ committed manifest error in ' failing to award penalties and attorney’s fees.

DISCUSSION

Assignments of Etror Numbers One and Two

The WCJ found that Ledet did not meet his burden of proof by a preponderance of the evidence to establish that the development of his rheumatoid arthritis was a consequence of his October 17, 2012 workplace accident. The WCJ further determined that Ledet did not prove a causal connection between his rheumatoid arthritis and the workplace accident. Ledet argues that the WCJ failed to apply the presumption of causation. This court has previously stated:

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Bluebook (online)
209 So. 3d 896, 16 La.App. 3 Cir. 342, 2016 La. App. LEXIS 2398, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ledet-v-cetco-oilfield-services-co-lactapp-2016.