Loyd v. IMC Fertilizer, Inc.

557 So. 2d 1078, 1990 La. App. LEXIS 419, 1990 WL 18558
CourtLouisiana Court of Appeal
DecidedFebruary 28, 1990
Docket21237-CA
StatusPublished
Cited by21 cases

This text of 557 So. 2d 1078 (Loyd v. IMC Fertilizer, 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
Loyd v. IMC Fertilizer, Inc., 557 So. 2d 1078, 1990 La. App. LEXIS 419, 1990 WL 18558 (La. Ct. App. 1990).

Opinion

557 So.2d 1078 (1990)

Fredrick LOYD, Plaintiff-Appellant,
v.
IMC FERTILIZER, INC., Defendant-Appellee.

No. 21237-CA.

Court of Appeal of Louisiana, Second Circuit.

February 28, 1990.
Writ Denied May 11, 1990.

*1079 Bruscato, Loomis & Street by James L. Braddock, Monroe, for plaintiff-appellant.

Shotwell, Brown & Sperry by C.A. Martin, III, Monroe, for defendant-appellee.

Before HALL, C.J., and FRED W. JONES, Jr. and SEXTON, JJ.

HALL, Chief Judge.

Plaintiff appealed from a judgment rejecting his demands for worker's compensation benefits, penalties and attorney's fees, asserting the trial court erred in failing to find the occurrence of a job related accident and a resulting disability. For the following reasons we reverse the judgment of the trial court and render judgment awarding benefits.

FACTS

In the suit against his former employer, IMC Fertilizer, Inc., Frederick Loyd alleged that he sustained a crippling back injury in an explosion which occurred at the IMC plant on July 25, 1987. Loyd alleged that the explosion knocked him off his feet and threw him into a piece of equipment, dazing him and causing a sharp pain in his lower back, which, although it subsided almost immediately, reoccurred and ultimately resulted in surgery and a temporary total disability.

The explosion occurred during the first half hour of Loyd's shift at the plant and he continued to work that day. He reported to a co-worker, Shirley Honeycutt and *1080 his supervisors that he had been knocked off his feet by the explosion. Ms. Honeycutt testified that she also was thrown into some cabinets in the explosion. Steven Rome, one of plaintiff's supervisors, testified that plaintiff reported to him that he had been knocked down in the explosion. Another witness who resided approximately one quarter of a mile from the plant, felt the explosion rock his home.

Plaintiff continued working until August 6, 1987 when he started seeking treatment from doctors. He first sought treatment from Dr. James Patterson for hemorrhoid problems on that date. Obtaining no relief, he sought treatment from Dr. Wadlington on August 20 for hemorrhoid problems and back pain. He saw Dr. Reed, a surgeon, on September 3. Dr. Reed referred plaintiff to Dr. Mac Temple Douglas, an internal medicine specialist, whom plaintiff saw on that date. Dr. Douglas noted plaintiff's complaints as including pain in the groin, testicles, back, and stomach accompanied by general depression and trouble sleeping. Plaintiff saw Dr. Douglas a second time on September 8, 1987. This was the first time that plaintiff related his pain to the explosion and accident at the IMC Plant. Dr. Douglas referred plaintiff to Dr. Findley, an orthopedic specialist for a second opinion. Plaintiff saw Dr. Findley on September 10, 1987 complaining of low back pain and numbness in his left leg. Dr. Findley scheduled a CT scan on September 25, 1987 and after finding no abnormalities referred plaintiff to a urologist. Plaintiff saw Dr. Tika B. Ranjikkar on September 29, 1987. Plaintiff then sought treatment through chiropractic care at the Smalling Humble Chiropractic Clinic. His treatments continued until March 14, 1988.

On December 11, 1987, plaintiff sought treatment from Dr. James Albright, Chief of Orthopedic Surgery at LSU Medical Center. The doctor's initial examination noted significant tenderness in the lumbosacral area both in the middle of the back and in the buttocks. He noted that straight leg raising was limited and that plaintiff had a decreased sensation over the top of his left foot and outer side of his left leg and knee. Dr. Albright ordered a MRI study which evidenced mild bulging of the disk at L4-5 and minimal evidence of spinal stenosis or decreased space in the spinal canal at the lower three levels. He saw plaintiff again on January 15, 1988 and noted plaintiff was still having problems and recommended a brace. On February 12, the plaintiff's condition was unimproved so Dr. Albright ordered a bone scan. The bone scan was basically negative indicating no problem. He again saw plaintiff on March 16, when plaintiff complained the symptoms were more severe. Plaintiff complained additionally of decreased sensation and tingling in his finger. After being injected with an anesthetic and a steroid agent plaintiff obtained complete temporary relief from his symptoms. Dr. Albright saw plaintiff again on March 30 with plaintiff showing only mild symptoms. Plaintiff talked to Dr. Albright on April 15, reporting his symptoms were worse than before. Dr. Albright performed a spinal operation on June 16, 1988 fusing the vertebrae at the L4-5, L 5-S 1 level. Pins were inserted into the spine securing a plate holding the spine rigid at that level. A bone graft was also performed for permanent fusion of the spine as the plate would only provide temporary relief. During the operation, Dr. Albright found significant compression of the nerve root through the foramen on the lateral side of the spinal canal which runs through the facet joints on the outside of the spinal column. Dr. Albright stated this condition was exactly compatible with the plaintiff's complaints of pain.

When questioned whether the condition that he observed during surgery could have been congenital, Dr. Albright stated that the likelihood of similar damage from congenital defects would be minimal; the usual cause would be an injury. He further stated it would take a year or two years to complete the healing process. He further stated that Mr. Loyd would not be able to return to work for at least six months after the deposition date which was October 14, 1988, and possibly longer.

During this course of events, plaintiff was absent from work, attempted to alter a medical form provided by one of the doctors, *1081 failed to return to IMC, Inc. with doctor's excuse forms, and ultimately was terminated in the latter part of December 1987. No mention of back trouble was brought to the defendant's attention until February 9 or 10, 1988 when plaintiff filed his claim with the Office of Worker's Compensation Administration.

TEMPORARY TOTAL DISABILITY

Plaintiff asserts the trial court erred in failing to find that plaintiff was temporarily totally disabled as a result of injuries sustained in the explosion at IMC. Plaintiff asserts that the severity of the explosion, the nature of the injury and the timing of the disability entitle him to the benefit of a presumption of causation. We agree.

In order to prove entitlement to temporary total disability benefits, plaintiff must show; (1) a work related accident; (2) that the accident resulted in injury; and (3) that the injury resulted in the disability. Walton v. Normandy Village Association, Inc., 475 So.2d 320 (La.1985); Gonzales v. Babco Farm Inc., 535 So.2d 822 (La.App. 2d Cir.1988), writ denied 535 So.2d 1200 (La.1988); Harris v. Haliburton Company, 501 So.2d 985 (La.App. 2d Cir.1987). The level of proof required to establish temporary total disability is by a preponderance of the evidence. Price v. Fireman's Fund Insurance Company, 502 So.2d 1078 (La.1987); Brewster v. Manville Forest Products, Inc., 469 So.2d 340 (La. App. 2d Cir.1985). The testimony of an injured employee can establish a compensable accident if supported by corroborating circumstances and the reliability of the testimony is not suspect. West v. Bayou Vista Manor Inc., 371 So.2d 1146 (La.1979); Jones v. Wausau Insurance Companies, 463 So.2d 883 (La.App. 2d Cir.1985).

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557 So. 2d 1078, 1990 La. App. LEXIS 419, 1990 WL 18558, Counsel Stack Legal Research, https://law.counselstack.com/opinion/loyd-v-imc-fertilizer-inc-lactapp-1990.