Lee v. East Baton Rouge Parish School Bd.

623 So. 2d 150, 1993 La. App. LEXIS 2590, 1993 WL 254386
CourtLouisiana Court of Appeal
DecidedJuly 2, 1993
DocketCA 92 0367
StatusPublished
Cited by20 cases

This text of 623 So. 2d 150 (Lee v. East Baton Rouge Parish School Bd.) 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
Lee v. East Baton Rouge Parish School Bd., 623 So. 2d 150, 1993 La. App. LEXIS 2590, 1993 WL 254386 (La. Ct. App. 1993).

Opinion

623 So.2d 150 (1993)

Amanda LEE
v.
EAST BATON ROUGE PARISH SCHOOL BOARD.

No. CA 92 0367.

Court of Appeal of Louisiana, First Circuit.

July 2, 1993.
Writ Denied November 12, 1993.

*151 Daniel J. McGlynn, Baton Rouge, for plaintiff-appellant.

Harold Adkins, Baton Rouge, for defendant-appellee.

Before EDWARDS, SHORTESS and WHIPPLE, JJ.

WHIPPLE, Judge.

This is an appeal by plaintiff from the trial court's judgment maintaining defendant's peremptory exception raising the objection of prescription. For the following reasons, we affirm in part, reverse in part, and amend in part.

*152 FACTS AND PROCEDURAL HISTORY

Amanda Lee was employed by the East Baton Rouge Parish School Board (School Board) as a school teacher from 1975 until 1986. On May 24, 1984, Lee sustained an on-the-job injury, when a student hit her from behind. Following this injury, the School Board paid her workers' compensation benefits from May 24, 1984 through February 12, 1986, when plaintiff returned to work.

After the injury and prior to her return to work on February 12, 1986, plaintiff was evaluated by numerous physicians including Dr. Milton Holt, Dr. Stephen Wilson, Dr. Herbert Plauche, Dr. Derwood Facundus, Dr. William Fisher, Jr., Dr. Lawrence Fogel, Dr. Douglas Davidson, and Dr. Thad Broussard.

On the day following the injury, Lee was seen by Dr. Milton Holt, her family physician, for complaints of left lower back pain. Although Dr. Holt continued to treat plaintiff periodically through December of 1986, he referred plaintiff to Dr. Stephen Wilson, an orthopedic surgeon, for an orthopedic evaluation two months after the May, 1984 accident. Although Lee told Dr. Wilson that she had experienced lower back pain since the work accident, Dr. Wilson's examination of Lee revealed no objective findings, and Lee was informed that she could return to all previous activities. Dr. Wilson also told Lee in September, 1984 that he did not think she would have any form of permanent partial disability.

On October 22, 1984, Lee was examined by another orthopedist, Dr. Herbert Plauche, who opined that Lee was able to continue her usual occupational duties as a school teacher.

In the fall of 1985, Lee also received treatment from Dr. Douglas Davidson, a general practitioner. Dr. Davidson saw plaintiff on October 14, 1985, and by report dated December 2, 1985, Dr. Davidson stated that although he did not have advantage of any x-rays at that time, he felt that Lee possibly had a herniated nucleus pulposus with a neurogenic bladder.

Because Lee also complained of urinary problems following the May, 1984 accident, her family doctor also referred her to Dr. Derwood Facundus, a urologist, for evaluation in November, 1984. After a complete urodynamic evaluation, Dr. Facundus reported that he saw no significant urological abnormality to account for Lee's back pain, and concluded that plaintiff's irritable bladder symptoms were not related to the accident at work.

The School Board eventually requested that Lee be evaluated by Dr. Thad Broussard, an orthopedic surgeon. Dr. Broussard examined Lee on October 15, 1985, and stated he was unable to document any objective findings to support plaintiff's multiple subjective complaints. Dr. Broussard also reported to the School Board that he believed Lee was attempting to mislead him on part of the examination and that he was "stating flatly" that Lee was not disabled with low back pain as a result of the May 24, 1984 injury at work.

Lee's family physician also referred her to Dr. William Fisher, Jr., a neurosurgeon, who examined Lee in early January, 1985. Dr. Fisher reported Lee's neurological examination as normal and requested EMG studies of the left upper and lower extremity and a CT scan of the cervical and lumbar spine, to rule out the need for further neurosurgical evaluation and treatment. On January 9, 1985, Dr. Lawrence Fogel, a neurologist, performed the EMG studies requested by Dr. Fisher. Both studies were normal.

Apparently at the referral of Dr. Holt, Lee was also treated from January 5, 1985 through January 29, 1986 by Dr. Donald Richardson, director of the pain treatment center at Hotel Dieu Hospital. In his discharge summary, Dr. Richardson reported that Lee could perform light work, which was defined as lifting up to 20 pounds with significant walking and standing. The report also stated there were no limitations placed on plaintiff's back motion.

Based upon the reports of Drs. Wilson, Broussard and Richardson, by letter dated February 6, 1986, the School Board informed Lee that she was no longer eligible for workers' compensation wages and requested that she return to work by February 12, 1986.

*153 Lee returned to work on the requested date and accordingly, defendant's last payment of weekly compensation benefits to plaintiff was made on February 12, 1986. On April 3, 1986, Lee allegedly sustained injuries in a second work accident when a student in her classroom pushed his chair back against her and slammed a garbage can into her leg. Lee immediately felt a sharp pain and took the student to the principal's office where she filed an incident report regarding the child's behavior. According to plaintiff, her leg and feet began swelling after the accident, and she returned to Dr. Davidson, a general practitioner for treatment.[1] On May 8, 1986, Lee returned to Dr. Davidson with swelling predominantly on the medial aspect of the left thigh, along the left femoral vein. Dr. Davidson diagnosed Lee's condition as femoral phlebitis and placed her on bed rest and anti-inflammatory medication.

Lee reported the second injury to the School Board on May 8, 1986, and made inquiries at that time concerning initiation of compensation benefits. However, Lee's claim for compensation benefits was denied by the School Board because she did not report the second injury within 30 days of its occurrence. Thus, while Lee missed three weeks of school because Dr. Davidson had placed her on bed rest, she did not receive compensation benefits for the three week period.

Lee continued her employment with the School Board through the end of the school year, and resigned effective May 30, 1986. Lee then moved to St. Helena Parish, where she taught for the 1986-1987 school year. Her last day of work for the St. Helena Parish School Board was May 15, 1987.

On May 29, 1987 (two weeks after her last day of work with the St. Helena Parish School Board), Lee filed a claim for compensation benefits with the Office of Workers' Compensation (OWC) for injuries received in the May 24, 1984 and April 3, 1986 incidents which had occurred during her employment with the East Baton Rouge Parish School Board. On June 29, 1987, the OWC issued its recommendation, stating that "the indemnity (weekly benefits) portion and the medical portion of this claim are prescribed since no claim for compensation was filed with this Office until May 29, 1987." By certificate dated July 15, 1987, the OWC acknowledged that Lee had received the recommendation on July 3, 1987, and had rejected it.

Over one year later, on September 9, 1988, Lee filed suit against the School Board for workers' compensation benefits, alleging she was totally disabled as a result of the May 24, 1984 and April 3, 1986 work related accidents. In response to plaintiff's petition, the School Board answered and asserted that any claim for wage benefits relating to the two accidents and/or any claim for medical benefits relating to the April 3, 1986 injury were prescribed.

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Bluebook (online)
623 So. 2d 150, 1993 La. App. LEXIS 2590, 1993 WL 254386, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lee-v-east-baton-rouge-parish-school-bd-lactapp-1993.