Lloyd v. City Products Corp.

486 So. 2d 953, 1986 La. App. LEXIS 6464
CourtLouisiana Court of Appeal
DecidedMarch 25, 1986
DocketNo. CA 85 0043
StatusPublished
Cited by1 cases

This text of 486 So. 2d 953 (Lloyd v. City Products Corp.) 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
Lloyd v. City Products Corp., 486 So. 2d 953, 1986 La. App. LEXIS 6464 (La. Ct. App. 1986).

Opinion

CRAIN, Judge.

This is a workers’ compensation case. The plaintiff, Eloise Lloyd, allegedly sustained injuries on August 1, 1980, while in the course and scope of her employment with the defendant, City Products Corp., d/b/a TG & Y. The trial court rendered judgment finding the plaintiff totally and permanently disabled. The court ordered the appropriate compensation and assessed attorney’s fees against defendant in the amount of $2,500. From this judgment defendant appeals.

FACTS

On August 1, 1980, Eloise Lloyd was employed by City Products Corporation at its TG & Y retail outlet in Hammond. Lloyd was 49 years old and employed in sales. Her duties included stocking merchandise. An incident occurred as she was dragging a box of merchandise across the floor to place the products on display. An edge of the box caught on a display case, jerked the box from her grip and caused her to fall. She landed upright on her buttocks with her right leg bent back under her. She immediately reported the incident, and was sent to her local physician, Dr. Forrest. He reported that at that time she stated she injured her right shoulder, hip and ankle. His examination revealed some tenderness over the right posterior rib cage. He prescribed pain medication and released her.

TG & Y’s manager, Jerry Graves, testified that Lloyd reported back to work two days later. She worked through January 1981 when she quit her job. Graves maintains she made no complaints of pain to him during that time. However, Lloyd [955]*955claims she experienced constant back pain upon her return to work and finally quit in January, 1981 because of the pain.

Dr. Forrest reported he next saw Lloyd on February 26, 1981. She complained of pain in her right ankle and reported she had reinsured her ankle by twisting it. Dr. Forrest stated his examination was completely negative. He noted full range of motion in the ankle and joints without severe pain. He prescribed anti-inflammatory agents.

In March, 1981, Lloyd filed a claim for compensation and began seeing several orthopedic surgeons. She was initially referred by the defendant to Dr. Whitecloud on March 11, 1981. He reported she complained of “very mild, intermittent low back pain, right knee pain, and pain and swelling of the right ankle with instability” and that her primary problem was with her ankle. He indicated her lower back was essentially asymptomatic. He concluded that she sustained a severe right ankle sprain, but that she did not sustain any significant injury to her ankle or her back. In May, 1981, he reported that she still complained of pain in her ankle and foot, but that her complaints of low back pain were resolving. He concluded she was improving and should be able to return to work within a few months.

On August 17, 1981, Mrs. Lloyd saw a different orthopedist, Dr. L.G. Ferachi. He related that her chief complaints were right ankle pain and low back pain from a year old injury that prevented her from working. She stated that the back pain was mostly in the low back region but occasionally radiated down into the right hip. The physical examination was essentially negative.

On October 1, 1981, Lloyd was evaluated by Dr. Howell, a neurologist. She complained of headaches and back pain. His examination was also essentially negative. He reported that “The patient sounds like she may have sustained a mild lumbosacral strain”. A CT scan that was conducted showed no abnormalities.

On November 1, 1981, Dr. Whitecloud reported that a separate CT scan he conducted showed no evidence of any lumbar disc problems. He felt she was able to return full time to work as of September 29, 1981, the date of her last visit.

On November 2, 1981, Dr. Ferachi concluded that Lloyd should be able to work seven or eight hours a day standing and lift up to 25 pounds. On November 25, 1981, Dr. Howell reported that headaches Lloyd was experiencing could not be related to her injury at work.

On the basis of these medical reports, defendant terminated compensation. As a result of this termination of benefits, plaintiff filed this suit in September, 1982.

The trial court heard the matter in March, 1984. At trial, plaintiff’s evidence consisted of her own testimony and that of two chiropractors she had been seeing. Neither party called any of the medical doctors plaintiff had seen. Rather, by joint stipulation they entered into evidence the medical reports of the doctors who had seen Lloyd. They also stipulated that the reports through December, 1981, were the basis for the termination of benefits.

Lloyd testified that prior to the accident she had no history of back pain. She claimed that when she returned to work in August, 1980, she was experiencing back pain that was exacerbated by the lifting and moving of objects. She stated that the pain became so substantial that in early 1981 she was forced to quit her employment. She saw several doctors with her complaints, but claimed that none of them were able to successfully treat her ailments. She further stated that she is in substantial and continuous pain to date.

The plaintiff then presented the testimony of two chiropractors, Drs. Burch and Zuppardo. Lloyd first saw Dr. Zuppardo in February of 1983. He referred her to Dr. Burch for evaluation in August, 1983. Dr. Burch conducted a • thermographic1 exami[956]*956nation of Lloyd. He reviewed the thermo-grams, which were displayed in court, and concluded there was objective evidence to support her claims to back pain.

Dr. Zuppardo testified that he had been treating Lloyd for some time and had conducted extensive chiropractic examinations on her. He further testified that based on his treatment of Lloyd and the history she gave, that her present pain related back to her work accident. He diagnosed her as having permanent and chronic, lumbrosa-cral and cervical sprains.

The defense only called two witnesses. The first was Christine Thompson, manager at a retail outlet Lloyd was briefly employed by after leaving TG & Y. She testified Lloyd’s employment was terminated due to problems not related to any back injury. The other defense witness was Jerry Graves, her manager at TG & Y. He testified in regards to her work history there. The trial court took the matter under advisement and later rendered judgment as outlined previously. The court did not render reasons for judgment. Defendant appealed suspensively and asserts the following assignments of error:

1) The trial court erred in finding the plaintiff met her burden of proving she was totally and permanently disabled and/or that any disability resulted from a work incident;

2) The trial erred in awarding plaintiff attorney’s fees;

3) The trial court erred in allowing plaintiff to enter evidence establishing odd-lot disability;

4) The trial court erred in accepting Dr. Burch as an expert in thermography.

Finding merit to defendant’s first assignment of error, we reverse.

DISABILITY

It is undisputed that the plaintiff was involved in a work related accident. It is also axiomatic that a plaintiff-employee in a workers’ compensation case must establish by a reasonable preponderance of the evidence an accident resulting in disability. Peck v. TG & Y Stores Co., 451 So.2d 1327 (La.App. 1st Cir.1984). Lloyd’s alleged disability is based largely on her uncorroborated testimony.

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Bluebook (online)
486 So. 2d 953, 1986 La. App. LEXIS 6464, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lloyd-v-city-products-corp-lactapp-1986.