Patton v. Mini-Togs, Inc.

575 So. 2d 864, 1991 La. App. LEXIS 350, 1991 WL 25817
CourtLouisiana Court of Appeal
DecidedFebruary 27, 1991
Docket22168-CA
StatusPublished
Cited by5 cases

This text of 575 So. 2d 864 (Patton v. Mini-Togs, 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
Patton v. Mini-Togs, Inc., 575 So. 2d 864, 1991 La. App. LEXIS 350, 1991 WL 25817 (La. Ct. App. 1991).

Opinion

575 So.2d 864 (1991)

Betty Jean PATTON, Plaintiff-Appellee,
v.
MINI-TOGS, INC., et al., Defendants-Appellants.

No. 22168-CA.

Court of Appeal of Louisiana, Second Circuit.

February 27, 1991.
Writ Denied April 26, 1991.

*865 Theus, Grisham, Davis & Leigh by Phil D. Myers, Monroe, for defendants-appellants, Mini-Togs and Travelers Ins. Co.

Bruscato, Loomis & Street by James L. Braddock, Monroe, for plaintiff-appellee.

Before MARVIN, C.J., and NORRIS and HIGHTOWER, JJ.

MARVIN, Chief Judge.

In this action to reinstate worker's compensation benefits that the insurer terminated in September 1988, the employer and its insurer appeal a judgment that awarded supplemental earnings benefits, contending the claimant was able to return to her former work when benefits were terminated. Answering the appeal, the claimant seeks temporary total disability benefits, penalties and attorney fees.

We amend to award penalties and attorney fees against the insurer and affirm the judgment as amended.

FACTS

Claimant, Mrs. Patton, sprained her left ankle on May 4, 1987, while leaving her first day of work as a sewing machine operator trainee for Mini Togs, Inc. The sprain was classified as severe. After emergency room treatment, she saw two orthopedists, Drs. Cline and Hand, and a rheumatologist, Dr. Rangaraj. Dr. Hand suspected, and Dr. Rangaraj confirmed, that Mrs. Patton has reflex sympathetic dystrophy in her left leg. According to Dr. Hand, reflex sympathetic dystrophy *866 typically occurs after a relatively minor injury. Most commonly it's either the ankle, the foot or the hand or wrist. And you'll see a patient with a relatively minor injury that just doesn't get well, they continue to complain of pain, the physical findings are fairly minimal, but what's happening is they're having some real pain and it's caused by some type of abnormal reflex involving the sympathetic nerves that are ... firing off in an abnormal manner.... it's more or less a diagnosis of exclusion. We exclude all the other causes for continued pain and then we see reflex sympathetic dystrophy. Later on there's some changes that we can see that are more measurable, but if you just look at these people in the early stages it's very hard to diagnose them because they appear to be normal.

Mrs. Patton saw Dr. Cline from May-August 1987, Dr. Hand from August-October 1987, and Dr. Rangaraj from October 1987 through the trial in September 1989. She was paid temporary total disability benefits from May 1987 until September 27, 1988. She did not return to work after her injury. Her primary complaint through the course of her treatment with Dr. Rangaraj, and at trial, was that pain prevents her keeping her left leg in one position longer than 45 minutes. She took anti-inflammatory medication daily and received physical therapy from time to time after the accident.

In February 1988, about nine months after Mrs. Patton's injury, the w.c. insurer, Travelers, hired a private rehabilitation company, Conservco, to evaluate Mrs. Patton's condition. In March 1988, Conservco sent Dr. Hand two job analysis forms describing the duties of a sewing machine operator and a snap machine operator. Robert Self, a Conservco employee, prepared the forms after visiting the Mini Togs plant. As described on these forms, both jobs require sitting for "7 hours & 40 minutes" and the use of foot pedals to operate the machines.

Dr. Hand, who last saw Mrs. Patton in October 1987, certified in March 1988 that she could perform the two jobs the Conservco forms described. Self testified that he sent Dr. Hand a third job analysis form which specifically described duties of a garment inspector, which was generally explained as a job that does not require constant sitting. Neither Dr. Hand nor Conservco had a copy of this form in their records.

On April 4, 1988, Mini Togs' president, Ed Hakim, wrote to Mrs. Patton:

After receiving two approved job description analyses from Mr. Robert Self of Conservco and signed by your physician, Dr. Hand, we are herewith advising you that we have either one of these two job descriptions open. It is our understanding that your doctor has approved for you to return to work in either one of these positions. We are holding these two jobs open for you for a period of 15 days ...

On April 6, Mrs. Patton wrote Mr. Hakim, stating that her treating physician was Dr. Rangaraj, not Dr. Hand, and that Dr. Rangaraj had not released her to return to work. In mid-April, Dr. Rangaraj confirmed to Mr. Self that he "would not allow [Mrs. Patton] to return to work at that time." In his report to the insurer about Mrs. Patton's visit on April 15, 1988, Dr. Rangaraj stated it was "highly unlikely at [this] time that she would be able to engage in any kind of gainful employment that requires sitting or standing for any length of time."

Dr. Rangaraj completed a "functional physical capacities evaluation form" for Mr. Self and Conservco on April 24, 1988. In this form, his primary restriction on her activities was that she "cannot manage any occupation that requires use of left lower extremity in any position for more than 30-60 minutes." His response to the question when Mrs. Patton would be able to resume full-time work was "indefinite."

In May 1988, Conservco informed Travelers of Dr. Rangaraj's evaluation. Travelers' adjuster, Bill Boston, recounted his May 1988 conversation with Mrs. Patton:

I talked with her myself by phone and she said she was still having some problems with her leg and her foot and she said she couldn't stand or walk very long *867 or the leg and the foot swells. So I decided not to terminate her comp at that time even though we did have information [from Dr. Hand] that would indicate that she could return to work.

Travelers continued paying weekly benefits until September 27, 1988. According to Mr. Boston, the decision to terminate benefits was based in part on Dr. Hand's opinion of March 1988 that Mrs. Patton could return to work as a sewing or snap machine operator, and on Dr. Rangaraj's report of her August 15, 1988, visit, which stated:

PHYSICAL EXAM: Shows no new findings. Continues to have some tenderness in the calf and left foot.
IMPRESSION: Continued reflex dystrophy. For now with the improvement shown with the medications, have her continue with the medications, add Tagamet, and do believe that she could attempt to return to work providing her current insurance carrier gives her a statement stating that they would be liable for future treatment for reflex sympathetic dystrophy of the left lower extremity. In receipt of such a statement in writing from the insurance people, I am sure that she will be eligible and will be willing to return to work, but try part-time basis first in a sedentary occupation to see if she can manage and if she can, get back to full-time work.
With these reservations, I have no hesitation in recommending that she attempt some kind of sedentary job, such as garment inspector listed by Ms. Susan Pyles from [Conservco].

Ms. Pyles worked under Self's direction for Conservco until the end of August, 1988. She did not compile any job descriptions but did obtain Dr. Hand's signature on the job analysis forms prepared by Self in March 1988. She "believed" she sent the same forms to Dr. Rangaraj, but did not recall when. Neither Dr. Rangaraj nor Conservco produced the written description of the specific duties of a garment inspector.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Despain v. Guichard Drilling Co.
634 So. 2d 1240 (Louisiana Court of Appeal, 1994)
Hinton v. Scott Hydraulics, Inc.
614 So. 2d 820 (Louisiana Court of Appeal, 1993)
Long v. Manville Forest Products Corp.
593 So. 2d 854 (Louisiana Court of Appeal, 1992)
Patton v. Minitogs, Inc.
578 So. 2d 140 (Supreme Court of Louisiana, 1991)
Walters v. State ex rel. Department of Health & Human Resources
575 So. 2d 857 (Louisiana Court of Appeal, 1991)

Cite This Page — Counsel Stack

Bluebook (online)
575 So. 2d 864, 1991 La. App. LEXIS 350, 1991 WL 25817, Counsel Stack Legal Research, https://law.counselstack.com/opinion/patton-v-mini-togs-inc-lactapp-1991.