O'Neal v. Town of Rayville

107 So. 3d 82, 2012 La. App. LEXIS 1240, 2012 WL 4513560
CourtLouisiana Court of Appeal
DecidedOctober 3, 2012
DocketNo. 47,371-WCA
StatusPublished

This text of 107 So. 3d 82 (O'Neal v. Town of Rayville) 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
O'Neal v. Town of Rayville, 107 So. 3d 82, 2012 La. App. LEXIS 1240, 2012 WL 4513560 (La. Ct. App. 2012).

Opinion

DREW, J.

_jjln this workers’ compensation proceeding, the Town of Rayville (“Rayville”) appeals a judgment ordering it to pay for an anterior cervical discectomy and fusion (“ACDF”) procedure for Robert O’Neal, who was injured in an work-related automobile accident while employed as a mechanic by Rayville.

We affirm.

FACTS

O’Neal had an extensive medical history involving his lower back. He began treating with Dr. John Ledbetter, a pain management doctor, in 2004. Dr. Ledbetter administered epidural steroid injections and nerve root block injections to O’Neal’s lower back.

Dr. Ledbetter referred O’Neal to Dr. Bernie McHugh, a neurosurgeon, in 2005. Dr. McHugh performed lumbar decom-pressions and laminectomies to alleviate O’Neal’s lower back symptoms. In 2007, Dr. McHugh performed a lumbar inter-body fusion on O’Neal.

O’Neal was involved in a non-work-related automobile accident (“first accident”) on April 23, 2009, when his vehicle was rear-ended. He went to the Emergency Room at St. Francis Medical Center for treatment. O’Neal complained of severe bilateral neck pain, pain radiating into his left shoulder and down his left arm, and numbness in his left index and middle fingers. The diagnosis was cervical strain. An X-ray of the cervical spine showed straightening of the normal cervical spine curvature, and degenerative disc disease at the C5-6 and C6-7 levels. There was no evidence of fracture or subluxation seen on the X-ray.

| ^Medical treatment following first accident

O’Neal was treated by his family doctor, Ralph Abraham, on May 5, 2009. He reported having been involved in the accident. O’Neal told Dr. Abraham that he was experiencing pain in his neck, left shoulder, upper left side, back and right hip. Dr. Abraham ordered X-rays of the cervical spine and left shoulder. The cervical spine X-ray showed moderate degenerative disc space narrowing and osteo-phyte formation at C5-6 and C6-7.

O’Neal called Dr. McHugh’s office on May 5 to report the accident and that he had gone to the Emergency Room with complaints of left shoulder pain and right leg pain. He reported that he continued to have left shoulder pain and increased pain in the right leg. Dr. McHugh ordered a lumbar spine MRI, which was done early the next month.

Dr. Douglas Brown, an orthopedic surgeon, examined O’Neal on May 15, 2009.1 O’Neal said that he had aching, burning, and stabbing sensations in the left side of his neck, shoulder and arm down to the base of his index finger. O’Neal rated his pain as 10 out of 10. Dr. Brown’s impressions included preexisting degenerative disc disease at C4, C5, and C6; acute cervical strain with possible disc protrusion in view of the radicular pain; and left shoulder sprain with possible rotator cuff tear.

Dr. Brown ordered an MRI of the cervical spine, which was done on June 3, 2009.2 [85]*85It showed degenerative disc and some arthritic changes in the mid and lower cervical spine. It also showed abnormalities at the C3-4, |3C5-6, and C6-7 levels representing disc herniation, worse on the left side, touching the nerve root and causing acquired spinal stenosis and probably accounting for some of O’Neal’s symptoms.

Dr. McHugh examined O’Neal’s lumbar spine on June 4, 2009. O’Neal did not mention neck or left arm complaints during that visit. Dr. McHugh recommended an evaluation by Dr. Ledbetter for possible injections.

Electro diagnostic testing ordered by Dr. Brown was performed on June 9, 2009. EMG analysis of the left upper extremity was normal, and there was no evidence of left cervical radiculopathy. A nerve conduction study of the left upper extremity was normal except for a delay in the median motor nerve consistent with median neuropathy or carpal tunnel syndrome.

Dr. Brown next examined O’Neal on June 10, 2009, at which time he complained of numbness and tingling in his left arm and right leg, which he thought were related to the first accident. Dr. Brown interpreted the June 3 MRI as showing left disc herniation at C3^4, C5-6, and C6-7, and preexisting arthritis at C5-6 and C6-7. His diagnosis was probable acute disc herniation at C3-4, and chronic disc herniation at C5-6 and C6-7, possibly aggravated by the accident. Dr. Brown also diagnosed a partial rotator cuff tear. Dr. Brown wanted a cervical myelogram and a CT scan performed in order to determine which disc levels were most involved and then to proceed with either treatment or a surgical recommendation.

l/The cervical myelogram and the CT scan were done on June 18. The myelo-gram showed a degenerative cervical spine at the predominantly C3-4 and C5-6 levels. The CT scan showed a degenerative cervical spine that was most severe at the C5 to C7 levels with possible cord compression on the left side. Additional multilevel central spinal canal stenosis and neural foramina narrowing were also shown.

Dr. Ledbetter treated O’Neal for the first time since 2006 on July 7, 2009. The chief complaints related by O’Neal were low back and right leg pain. O’Neal told Dr. Ledbetter about the automobile accident, and that he had left shoulder pain as well as an exacerbation of back and right leg pain. Dr. Ledbetter noted that Dr. Brown was treating the left shoulder. Dr. Ledbetter’s diagnosis was low back pain with right leg radiculopathy and pain exacerbation following the first accident. Dr. Ledbetter wanted to schedule transforami-nal epidural steroid injections of the lumbar spine.3 There was no mention of the neck during this visit.

Medical treatment after second accident

On September 9, 2009, O’Neal was involved in an automobile accident (“second accident”) while driving to work. O’Neal’s work truck struck another vehicle while traveling at a speed of approximately 50 mph when the other vehicle ran a red light and crossed into its path. An airbag deployed during the collision and struck the side of O’Neal’s face.

O’Neal was transported by ambulance to the Emergency Room at Richardson Medical- Center. O’Neal complained to the EMT about back Rpain. The Emergency Room report showed that O’Neal’s chief complaints concerned his lower back and left side. O’Neal described lower back pain that was moderate. An X-ray of the lumbar spine was taken.

[86]*86Dr. Ledbetter treated O’Neal on September 17, 2009. O’Neal mentioned the second accident to him. It was noted that O’Neal had neck pain following the first accident, but it had not radiated into his arms. O’Neal reported that since the second accident, he had a lot of neck pain that was radiating into the left greater than the right arm. O’Neal rated his pain as 75 out of 100, and he said he was taking Lorcet more often. On examination, cervical range of motion was limited with rotation to the left. Rotation and tilt to the left produced sharp, shooting pains into the left arm. One of Dr. Ledbetter’s impressions was cerviealgia (generalized neck pain) with left upper extremity radicular complaints following the second accident. Dr. Ledbetter wanted an MRI of the cervical spine.

Dr. Brown examined O’Neal on September 28, 2009. Regarding his cervical spine, O’Neal reported having stabbing, pins and needles, and burning sensations in his neck and both arms.4 He rated his pain as 10 out of 10. Dr. Brown recommended a lumbar MRI, which was done at the end of September. On October 7, 2009, Dr.

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Cite This Page — Counsel Stack

Bluebook (online)
107 So. 3d 82, 2012 La. App. LEXIS 1240, 2012 WL 4513560, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oneal-v-town-of-rayville-lactapp-2012.