Meneses v. IFCO Systems, Inc.

923 So. 2d 111, 2005 WL 2320057
CourtLouisiana Court of Appeal
DecidedSeptember 23, 2005
Docket2004 CA 1686
StatusPublished
Cited by6 cases

This text of 923 So. 2d 111 (Meneses v. IFCO Systems, 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
Meneses v. IFCO Systems, Inc., 923 So. 2d 111, 2005 WL 2320057 (La. Ct. App. 2005).

Opinion

923 So.2d 111 (2005)

Walter MENESES
v.
IFCO SYSTEMS, INC. and Liberty Mutual Insurance Company.

No. 2004 CA 1686.

Court of Appeal of Louisiana, First Circuit.

September 23, 2005.

*113 Miguel A. Elias, Kenner, Counsel for Claimant/Appellant Walter Meneses.

Philip J. Borne, New Orleans, Counsel for Defendants/Appellees IFCO Systems, Inc. and Liberty Mutual Insurance Company.

Before: CARTER, C.J., DOWNING, and GAIDRY, JJ.

GAIDRY, J.

The claimant-appellant, Walter Meneses, appeals an adverse judgment of the Office of Workers' Compensation Administration, District 6, dismissing his claim for workers' compensation benefits instituted against the defendants-appellees, IFCO Systems, Inc. (Mr. Meneses's employer), and its workers' compensation insurer, Liberty Mutual Insurance Company. The defendants-appellees have answered the appeal, seeking restitution of medical benefits pursuant to La. R.S. 23:1208(D). For the following reasons, we affirm the judgment and dismiss the answer to the appeal.

FACTS AND PROCEDURAL HISTORY

The claimant, Walter Meneses, is a native of Costa Rica, and was employed by IFCO Systems, Inc. (IFCO) as a mechanic responsible for maintaining heavy equipment. He claims that he suffered a work-related injury on Saturday, April 27, 2002, as the result of a fall from a forklift to the ground. The claimed accident was not witnessed. In his disputed claim for compensation, filed on March 17, 2003, and in subsequent testimony, he explained that he had changed hydraulic fluid lines on the forklift and slipped on the steps of the forklift as he was getting down. He did not believe he had sustained a serious injury at the time, but reported the accident to a foreman, Oscar Delgado, who resided near the business premises and was the only supervisory employee present that day. Mr. Meneses further testified that his low back pain increased through the following Monday, and he reported the claimed accident and injury to Waylon Givens, IFCO's assistant general manager, on either Sunday or Monday.

In his trial testimony, Mr. Delgado confirmed Mr. Meneses's initial verbal report of the accident, and stated that he instructed Mr. Meneses to report the accident later to either Mr. Givens or Chad Montalbano, the general manager. Mr. Givens testified at trial that Mr. Meneses did advise him of the accident on the morning of April 29, 2002, the following Monday. He recalled that Mr. Meneses reported that "he fell off the forklift off of [sic] a ladder" and "hit the ground." He further testified that he instructed IFCO's office manager to retrieve an accident report form to fill out in order for Mr. Meneses to receive treatment at North Oaks Medical Center.

The outpatient records of North Oaks Medical Center for April 29, 2002 document *114 the history that Mr. Meneses "slipped while on stairs & fell backwards, landing on [his right] shoulder & [right] lumbar area." He was evaluated and released with a diagnosis of lumbar spine and right shoulder contusions. He returned on May 6, 2002, reporting that although his shoulder pain had improved, his lumbar spine pain had not. The examining physician diagnosed a lumbar spine strain with a possible disc herniation and recommended an MRI study. An MRI study performed on May 15, 2002 was interpreted as showing a two-millimeter disc protrusion at the L4-L5 level and evidence of a laminotomy with facet joint hypertrophy and bilateral neural foramen stenosis at the L5-S1 level. On May 17, 2002, Mr. Meneses was still complaining of right shoulder and low back pain. The diagnosis that date was that of a right shoulder strain/contusion and a lumbar spine strain.

Mr. Meneses had been treated prior to the claimed accident by Charles R. Genovese, Jr., M.D., an internal medicine specialist. Following the accident, Mr. Meneses again sought treatment from Dr. Genovese, the first occasion being on May 6, 2002. On that occasion, he did not mention either the accident or the presence of any back or shoulder pain. The accident was not reported to Dr. Genovese until the following visit of June 27, 2002. Dr. Genovese testified by deposition that Mr. Meneses had not complained to him of radiating back pain, or sciatica, from April 28, 1997 until the second post-accident visit of June 27, 2002. On July 30, 2002, Dr. Genovese noted that Mr. Meneses complained of increased back pain. His diagnosis at that time was "degenerative joint disease" and "lumbar disc disease," and he prescribed Vicodin for pain. Dr. Genovese continued to see Mr. Meneses intermittently for complaints of back pain, among other unrelated health conditions, through the time of his deposition on November 6, 2003.

Mr. Meneses was also referred by his attorney for evaluation to Dean Moore, M.D., a neurosurgeon, on March 3, 2003. Dr. Moore's diagnostic impression was that of "foraminal stenosis, L5-S1 bilaterally," with the stenosis on the right being "rather severe." In his narrative report, Dr. Moore did not offer any opinion regarding the causative relationship of Mr. Meneses's symptoms and the accident.

Although $1,642.14 in medical expenses were paid on behalf of IFCO for Mr. Meneses's treatment following the reported accident, it paid no weekly compensation benefits.

The evidence at trial documented the fact that Mr. Meneses had a prior history of both low back pain and shoulder arthritis, and in 1987 had undergone a laminotomy to afford space for a nerve at the right L5-S1 level of the lumbar spine. In his deposition, Dr. Genovese testified that Mr. Meneses complained of "a week of severe right back pain with radiation down his right leg" in the spring of 1997. On December 10, 1998, Dr. Genovese telephoned in a prescription for Vicodin for back pain. On April 27, 1999, Mr. Meneses described having "minimal back pain" to Dr. Genovese, but requested a prescription for Vicodin for back pain on April 29, 1999, two days later. On August 1, 2000, Dr. Genovese prescribed Darvocet for pain. A cardiopulmonary rehabilitation record of LSU-Lallie Kemp Medical Center for September 15, 2000, showed that Mr. Meneses stopped his exercise early that day and had complaints of lower back pain. The Darvocet prescription was refilled on October 31, 2000, at which time Dr. Genovese entered a diagnosis of "degenerative joint disease" of both the back and shoulder. On July 31, 2001, Mr. Meneses saw Dr. *115 Genovese, complaining of soreness, probably in his back, and was given a Celestone injection. On November 29, 2001, Dr. Genovese noted that Vicodin was helpful with regard to Mr. Meneses's pain, and that his "right hip" complaint was unchanged.

In his discovery deposition, Mr. Meneses denied having any back problems or treatment for such problems between the time of his 1987 surgery and the accident of April 27, 2002; at trial he testified at one point that he had no low back complaints between 1997 and the accident date. In his report, Dr. Moore also documented that Mr. Meneses denied having any back problems or symptoms from two weeks after the 1987 surgery through the accident date. Finally, at one point in his trial testimony Mr. Meneses admitted that he "probably" needed pain medication before the accident in order to be able to perform his duties with IFCO.

The trial was conducted on March 8, 2004. At the conclusion of the trial, the workers' compensation judge (WCJ) took the matter under advisement pending submission of post-trial memoranda. On March 17, 2004, the WCJ signed a written judgment stating his factual conclusion that because Mr.

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Bluebook (online)
923 So. 2d 111, 2005 WL 2320057, Counsel Stack Legal Research, https://law.counselstack.com/opinion/meneses-v-ifco-systems-inc-lactapp-2005.