Miles v. Dolese Concrete Co.

518 So. 2d 999, 1988 La. LEXIS 50, 1988 WL 1921
CourtSupreme Court of Louisiana
DecidedJanuary 18, 1988
Docket87 C 1268
StatusPublished
Cited by6 cases

This text of 518 So. 2d 999 (Miles v. Dolese Concrete Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Miles v. Dolese Concrete Co., 518 So. 2d 999, 1988 La. LEXIS 50, 1988 WL 1921 (La. 1988).

Opinion

518 So.2d 999 (1988)

Samuel MILES
v.
DOLESE CONCRETE COMPANY.

No. 87 C 1268.

Supreme Court of Louisiana.

January 18, 1988.

*1000 Elven Ponder, Warren Ponder, Ponder & Ponder, Baton Rouge, for applicant.

Gerald Walter, Jr., Schwab & Walter, Baton Rouge, for respondent.

CALOGERO, Justice.

In this workers' compensation case the district court and the Court of Appeal each rejected a claim for additional workers' compensation benefits premised on plaintiff's contention that he suffers from an accident-associated mental disability which was characterized by medical experts as psychogenic pain disorder or chronic pain syndrome.

We granted this writ in what now proves to be an essentially factual case, prompted by a belief that the courts below may have given the claim insufficient consideration because it is based on a mental rather than physical disability, and because of a three to two split and strong dissent in the Court of Appeal, a dissent which referred to expert medical testimony establishing a causal connection between the pain suffered by plaintiff and the work accident Miles v. Dolese Co., 507 So.2d 2 (La.App. 1st Cir.1987) (Shortess and Carter, JJ. dissenting).

Having now reviewed the record we determine that the writ was improvidently granted, and that the judgments below should be affirmed.

The issue presented here is whether the plaintiff has proved by a preponderance of the evidence that the work accident of March 31, 1981, was the cause of his present mental disorder.

The plaintiff was injured on March 3, 1981. The cement truck he was driving for his employer, Dolese Concrete Company, turned over in a single vehicle accident. Plaintiff suffered a blow to the head, two probable rib fractures[1] and a bruised thigh. His employer paid workers' compensation at the rate of $163 per week from the time of the accident until January, 1983—a period of nearly two years.

Plaintiff's treating physician, Dr. A.K. McInnis, Jr., saw the plaintiff nine times between the March 3, 1981, accident and June 5, 1981, when he released the plaintiff to resume full work duties.

After his release by Dr. McInnis, plaintiff's attorney referred him to a series of other doctors because of his continued complaints of head and chest pain. The medical reports of each of these seven specialists were introduced into evidence at trial, and will be discussed hereinafter.

Plaintiff was examined by a neurologic surgeon, Dr. K.E. Vogel, on two occasions, September 10, 1981, and March 23, 1982. Results of the neurologic tests were "within normal limits" and Dr. Vogel discharged the plaintiff as "progressing satisfactorily" on March 24, 1982.

Plaintiff saw a Dr. Wilson on July 15, 1982. The record does not disclose Dr. Wilson's specialty. Dr. Wilson's report states that he found normal breath sounds and no rib tenderness. According to the report, Dr. Wilson found that plaintiff's chest appeared normal. The doctor concluded *1001 that plaintiff was a normal 54 year old male with moderate obesity and recommended that plaintiff exercise and lose weight.

Plaintiff was seen by an orthopedic specialist, Dr. Robert D'Ambrosia, Professor of Orthopedics at Louisiana State University Medical Center on two occasions, November 24, 1981, and January 18, 1983. His report states that he did "not find any sign of abnormality" in plaintiff's chest. He recommended that plaintiff see a pulmonary specialist to evaluate his rib pain. Plaintiff related to Dr. D'Ambrosia that his left knee hurt him since the accident but Dr. D'Ambrosia attributed this to his arthritis and stated that he did "not think that the problem in his knee can be directly attributed to the accident."

In January of 1983, plaintiff's workers' compensation benefits were terminated by his employer.

Plaintiff was examined by a pulmonary specialist at Louisiana State University Medical Center on March 14, 1983, on Dr. D'Ambrosia's recommendation. Dr. Russell C. Klein, Professor of Medicine and Acting Chief of the Pulmonary Section, reported that he found no evidence of pulmonary disease and that the chest area appeared normal. He recommended that plaintiff be referred to a pain rehabilitation unit.

Dr. Richard H. Morse, psychiatrist and Director of the Center for Chronic Pain and Disability and Rehabilitation at Mercy Hospital in New Orleans, saw plaintiff on March 31, 1983, over two years after his work accident. He diagnosed plaintiff's condition as "moderate to severe depressive neurosis secondary to pain and disability," while stating he was "somewhat baffled by this patient's history." He recommended that plaintiff be exposed to an entire activity program of Movement, Group, Occupational, Physical and Relaxation Therapies, since part of his rib pain may have actually been a "disuse syndrome" from guarding the painful area. He further recommended that plaintiff be treated at Mercy Hospital's Pain Unit program. His report did not link plaintiff's problems to the work accident of March 3, 1981.

Dr. Morse's deposition was taken on November 17, 1983, and introduced at trial on May 29, 1985. He indicated that he would relate plaintiff's continued head and rib pain to the work accident of March 3, 1981, if plaintiff's head and chest pain arose following the accident and continued since the accident without preceding or intervening injury or disease. Dr. Morse testified that he based his conclusions on a one hour interview with the plaintiff. He stated further in deposition that in his opinion the plaintiff is disabled from driving a truck on a full-time or part-time basis, but that he would not be surprised to find that plaintiff could ride a bicycle for miles as this is often recommended as therapy.[2]

A year later, plaintiff's attorney referred plaintiff to another psychiatrist, Dr. John *1002 W. Bick. In a report dated May 22, 1984, Dr. Bick concluded that plaintiff suffered from a chronic pain syndrome, but made no reference to the work accident as being related to this condition. He recommended treatment at a center for the treatment of chronic pain.

On April 3 and 4, 1985, plaintiff was seen and tested by a clinical psychologist, Dr. Tommy Stigall, Ph.D., on referral by his attorney. Dr. Stigall administered a psychological test, the Minnesota Multi-Phase Personality Inventory (MMPI).[3] Based on results of this test and the patient's history, Dr. Stigall concluded that plaintiff suffered from a psychogenic pain disorder.[4] "Chronic symptoms of tension, anxiety and depressed mood are likely to be misinterpreted by the patient as physical pain or disability." His report did not link plaintiff's pain syndrome to the 1981 work accident.

Dr. Stigall's deposition was taken on May 19, 1985, and introduced at trial. He stated that plaintiff suffers from a psychogenic pain disorder growing out of an unsatisfactory adjustment to circumstances and that he would relate the pain disorder to the work accident in particular, because of the temporal relationship between the accident and the onset of the pain. He admitted that not having seen the plaintiff until four years after the accident made it "very difficult to pinpoint any one specific cause" of the pain disorder, but stated that the accident seemed a reasonable explanation. He went on to explain that psychogenic pain disorder often involves selection of an event, such as the accident here, as the cause of problems. Symptoms are maintained by a person suffering from psychogenic pain disorder in order to avoid something noxious—such as having to go to work—

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518 So. 2d 999, 1988 La. LEXIS 50, 1988 WL 1921, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miles-v-dolese-concrete-co-la-1988.