Mims v. Travelers Insurance Co.

491 So. 2d 798, 1986 La. App. LEXIS 7434
CourtLouisiana Court of Appeal
DecidedJuly 21, 1986
DocketNo. 85-922
StatusPublished

This text of 491 So. 2d 798 (Mims v. Travelers Insurance Co.) 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
Mims v. Travelers Insurance Co., 491 So. 2d 798, 1986 La. App. LEXIS 7434 (La. Ct. App. 1986).

Opinion

GUIDRY, Judge.

Alvin T. Mims brought this worker’s compensation action to recover permanent total disability benefits, penalties and attorney’s fees from defendant, Travelers Insurance Company, the worker's compensation insurer of Mims’ former employer, Mims and Sons Repair Shop. The trial court determined that Mims failed to carry his burden of proving causality and rendered judgment in favor of defendant, dismissing plaintiff’s suit with prejudice. Plaintiff appealed.

The sole issue on appeal is whether Mims’ current disability is related to his accident of March 2, 1982.

At trial, it was stipulated between the parties that Mims was injured on March 2, 1982 while in the course and scope of his employment with Mims and Sons Repair Shop and that Travelers Insurance Company was the worker’s compensation insurer of his employer. On that date, Mims was assisting in efforts to tow a truck out of a ditch. Mims hooked a winch cable from the wrecker truck onto the bumper of the disabled truck. As the wrecker started to move forward, the cable snapped, striking Mims and hurling him to the ground onto his right side. As a result of the accident, Mims sustained fractures of his right rib cage which caused a partial collapse of his right lung, a right forearm fracture referred to as a “Monteggia” fracture, and a dislocated right shoulder. Mims was treated at the LSU medical center in Shreveport. Chest tubes with underwater seals were inserted into Mims’ right lung and closed reduction surgery was performed on his right forearm. On March 4, 1982, Mims underwent further surgery on his forearm due to the lack of success of the initial surgery. On the latter date, open reduction surgery with internal fixation of the ulnar fracture was performed. A twelve-hole metal bone plate was inserted into his arm, and a bone graft was also applied to the fracture site. The bone plate was removed approximately a year later due to the discomfort which it was causing Mims.

Travelers Insurance Company began payment of worker’s compensation benefits of $90.05 per week on March 3, 1982 and continued such payments for 117 weeks, for a total of $10,355.75. Travelers also paid Mims’ medical expenses in the amount of $12,397.51. Travelers ceased paying benefits to Mims on May 15, 1984 upon receipt of a medical report that Mims was completely recovered from his work-related injuries. Mims thereafter instituted the present suit.

The plaintiff in a worker’s compensation case has the burden of establishing the disability and causal relation with the employment accident by a preponderance of the evidence. Lucas v. Insurance Company of North America, 342 So.2d 591 (La.1977); Young v. Hercules, Inc., 449 So.2d 721 (La.App. 3rd Cir.1984), writ denied, 450 So.2d 969 (La.1984). The plaintiff is not required to establish the exact cause of injury to recover worker’s com[800]*800pensation benefits; it is only necessary that he show that somehow the employment accident caused the disability. Flood v. Hub Auto Parts, Inc., 425 So.2d 941 (La.App. 4th Cir.1983), writ denied, 429 So.2d 158 (La.1983).

The determination of a causal relationship between a worker’s employment and disability is a question of fact for the trial court. This factual finding is entitled to great weight and should not be disturbed on appellate review unless it is found to be clearly wrong. Comeaux v. Martin Mills, Inc., 457 So.2d 253 (La.App. 3rd Cir.1984); Matthews v. Allied Chemical Corp., 454 So.2d 152 (La.App. 1st Cir.1984).

The evidence presented at trial consisted of the testimony of Mims, his wife, Elizabeth, and Dr. William L. Overdyke. Also submitted in evidence was the deposition of Dr. Clarence E. Poimboeuf and the various medical reports of physicians who treated and/or examined Mims after the accident. The general concensus of the medical testimony was that Mims is totally and permanently disabled. We must therefore determine if Mims’ present disability is causally related to his on-the-job accident of March 2, 1982.

Dr. Clarence E. Poimboeuf testified through deposition that he has been Mims’ family doctor for the past twenty years. Dr. Poimboeuf related a long history of medical problems plaguing 43-year-old Mims as far back as 1971. According to Dr. Poimboeuf’s records, Mims has suffered from diabetes for the past ten years. In addition to his problems with diabetes, Mims has seen Dr. Poimboeuf for stomach problems, a knee injury, an ankle injury, a nervous condition, respiratory infection, alcoholism, loss of appetite and just general poor nutrition. Mims was committed to Central Louisiana State Hospital in Pine-ville on three occasions due to his depression and suicidal tendencies.

Dr. Poimboeuf was not in his office on March 2, 1982 when Mims came in for treatment of his injuries. Dr. Poimboeuf saw Mims in August, 1982, when Mims came to his office requesting medication for his alcohol problem. Mims again saw Dr. Poimboeuf in October, 1982 for rectal bleeding. On August 2, 1983, Mims went to Dr. Poimboeuf complaining of pain in his right arm. The plate had been removed from his arm six weeks earlier. Mims again went to Dr. Poimboeuf in November, 1984 with continued complaints of pain in his right arm and shoulder. Dr. Poimboeuf thereupon referred him to Dr. William L. Overdyke, an orthopedic surgeon.

On November 5, 1984, Dr. Poimboeuf treated Mims for his diabetes and abdominal problems. Mims was hospitalized at that time for ten days. During his hospitalization, x-rays taken of his ribs and right shoulder revealed healed rib fractures and no acute fracture or dislocation of the right shoulder. Mims was hospitalized again on February 10, 1985. Mims was brought to the hospital in a hypoglycemic coma, due to the extremely low drop in his blood sugar count. While hospitalized, Mims went into congestive heart failure and also showed some signs of pneumonia. He was released on March 1, 1985, after his blood sugar level had been controlled. Mims was later hospitalized again for problems with his diabetes from March 10-21, 1985. On April 1,1985 Mims was once again hospitalized, this time for shortness of breath. It was determined then that Mims had an enlarged heart and was suffering from congestive heart failure. He was discharged on April 9th. Dr. Poimboeuf last saw Mims on April 25,1985 for a routine checkup. Mims’ diabetes and heart condition were under control at the time.

Dr. Poimboeuf opined that Mims is totally disabled from employment, but did not feel that his disability was related to his March, 1982 accident. He did not, however, totally rule out the possibility that the accident could have contributed to the degeneration of Mims’ overall physical condition.

The record reveals that Dr. T.A. Norris performed an orthopedic evaluation of Mims on August 15,1983, upon the request of Travelers Insurance Company. At that [801]*801examination, Mims complained of constant aching in the ulnar region of his right forearm. Mims also told Dr. Norris that he had lost some strength in his right arm. Dr. Norris noted no problems with Mims’ right shoulder at the time, and also found the right clavicle fracture to be well-healed and in good alignment. The right forearm was found to lack 30 degrees of the pronation range achieved by the left forearm. Dr. Norris x-rayed Mims’ arm and shoulder and found a healed segmental fracture of the right ulna and a healed distal fracture in good alignment. Dr. Norris’ conclusions as to Mims’ condition are as follows:

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Related

Lucas v. Ins. Co. of North America
342 So. 2d 591 (Supreme Court of Louisiana, 1977)
Flood v. Hub Auto Parts, Inc.
425 So. 2d 941 (Louisiana Court of Appeal, 1983)
Young v. Hercules, Inc.
449 So. 2d 721 (Louisiana Court of Appeal, 1984)
Matthews v. Allied Chemical Corp.
454 So. 2d 152 (Louisiana Court of Appeal, 1984)
Comeaux v. Martin Mills, Inc.
457 So. 2d 253 (Louisiana Court of Appeal, 1984)

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Bluebook (online)
491 So. 2d 798, 1986 La. App. LEXIS 7434, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mims-v-travelers-insurance-co-lactapp-1986.