Pitre v. Oilfield Production Contractors

651 So. 2d 980, 94 La.App. 3 Cir. 961, 1995 La. App. LEXIS 595, 1995 WL 92758
CourtLouisiana Court of Appeal
DecidedMarch 8, 1995
Docket94-961
StatusPublished
Cited by4 cases

This text of 651 So. 2d 980 (Pitre v. Oilfield Production Contractors) 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
Pitre v. Oilfield Production Contractors, 651 So. 2d 980, 94 La.App. 3 Cir. 961, 1995 La. App. LEXIS 595, 1995 WL 92758 (La. Ct. App. 1995).

Opinion

651 So.2d 980 (1995)

John Glenn PITRE, Plaintiff-Appellant,
v.
OILFIELD PRODUCTION CONTRACTORS, et al., Defendant-Appellee.

No. 94-961.

Court of Appeal of Louisiana, Third Circuit.

March 8, 1995.

*981 Bret Christopher Beyer, Lafayette, for John Glenn Pitre.

Nicholas Gachassin Jr., Lafayette, for Oilfield Production.

Before DOUCET, C.J., and KNOLL and SAUNDERS, JJ.

KNOLL, Judge.

This is a worker's compensation case. John Glenn Pitre (Pitre), the worker, appeals the denial of his worker's compensation claim against his employer, Oilfield Production Contractors (Oilfield), and its insurer, United States Fidelity & Guaranty Company (USF & G). The hearing officer determined that: (1) any physical disability Pitre had was a continuation of his pre-accident complaints related to prior back surgery; and (2) Pitre's psychological and substance abuse problems pre-dated his alleged work accident at Oilfield and suggested that the accident "was [nothing] ... more than one small and noncontributing event over a course of years of problems."

Pitre contends that the hearing officer erred: (1) in holding that he was not entitled to any presumption of causation due to the existence of his pre-existing problems; and (2) in concluding that the physical and psychiatric *982 problems he suffered were continuations of his pre-accident complaints. We affirm.

FACTS

The hearing officer provided written reasons that set forth the facts relevant to this case:

Mr. Pitre sustained a work accident in late 1988 while in the employ of a company other than the defendant [Oilfield]. A lumbar fusion was performed by Dr. John Cobb in 1989. Dr. Cobb testified ... that he released Mr. Pitre to medium work on December 3, 1990. At a follow up visit in February of 1991, Mr. Pitre complained of pain over his left hip down into his leg. Dr. Cobb noted in his report of February 25, 1991, that anatomically it appeared to be over the sacroiliac joint area and felt the basis of the complaints might be the sacroiliac joint.
In March of 1991 Mr. Pitre went to work with the defendant employer [Oilfield] as a dispatcher. He performed his duties, without incident, until July 3, 1991. On that date he sustained an accident when he fell over an empty nitrogen bottle while lifting another bottle. He was seen later that afternoon at the Emergency Room of Lafayette General Medical Center and was diagnosed with contusions and a muscle strain. He continued to work for the defendant until August 2, 1991, at which time he was released from employment, apparently due to staff cutbacks.
On July 22, 1991, prior to his termination, Mr. Pitre saw Dr. Cobb. Though Mr. Pitre testified that he told Dr. Cobb of the July 3 accident, the Court believes Mr. Pitre was mistaken as Dr. Cobb testified that no new accident was mentioned at that time and this is supported by his office notes. Dr. Cobb essentially testified that Mr. Pitre had a flare-up about 3 weeks previously (which would have been about the time of the accident) and that the complaints were similar to those of February 21. There was no spasm and Dr. Cobb did not notice any tenderness in the back.
On September 11, little over a month after his termination, he [Mr. Pitre] again saw Dr. Cobb and related the occurrence of the work accident. Dr. Cobb's office notes reflect that the complaints were `very similar to what he has had before when we did surgery on him.' Dr. Cobb's impression at that time was either a post-traumatic lumbar pain syndrome, sacroiliac joint injury or possibly an aggravation of his underlying problem with the left sided nerve.
Mr. Pitre remained unemployed until May of 1992 at which time he began working for Stratagraph, Inc., a logging operation. He was employed as a sample catcher, essentially a light duty position. He remained with Stratagraph until September of 1992 at which time he voluntarily took a leave of absence. It appears undisputed that he left Stratagraph because the company was undertaking a job with Exxon and Exxon had very strict requirements concerning the use of any type of drugs. Because Mr. Pitre was taking prescription drugs, he apparently felt he could not comply with the Exxon drug policy. Mr. Pitre has not been employed since.

CAUSATION

Mr. Pitre contends that the hearing officer erred in her determination that he was not entitled to a presumption of causation due to the existence of his pre-existing medical problems. He argues that although he had a prior lower back injury, the pain he suffered after the July 3, 1991, accident was in the left sacroiliac joint (SI joint), an area that he contends did not pain him prior to the accident. In support of his position, Pitre relies on assertions that the hearing officer ignored the medical testimony of Dr. Cobb and Dr. Olga Arter Reavill.

An employee in a worker's compensation action has the burden of establishing a causal link between the accident and the subsequent disabling condition. Walton v. Normandy Village Homes Ass'n, 475 So.2d 320 (La.1985). If the testimony leaves the probabilities equally balanced, the plaintiff has failed to carry the burden of persuasion. Bernard v. O'Leary Bros. Signs, Inc., 606 So.2d 1331 (La.App. 3rd Cir.1992). Likewise, *983 the plaintiff's case must fail if the evidence shows only a possibility of a causative accident or leaves it to speculation. Prim v. City of Shreveport, 297 So.2d 421 (La.1974). Where, as in the case sub judice, the employee suffered from a pre-existing medical condition, he may nonetheless prevail if he proves that the accident "aggravated, accelerated, or combined with the disease or infirmity to produce ... disability for which compensation is claimed." Walton, supra, at 324 (citations omitted). In Walton, supra, the Louisiana Supreme Court recognized the existence of a presumption to aid plaintiffs in cases involving a pre-existing condition. It stated:

[W]hen an employee proves that before the accident he had not manifested disabling symptoms, but that commencing with the accident the disabling symptoms appeared and manifested themselves thereafter, and that there is either medical or circumstantial evidence indicating a reasonable possibility of causal connection between the accident and the activation of the disabling condition, the employee's work injury is presumed to have aggravated, accelerated or combined with his preexisting disease or infirmity to produce his disability.

Id. at 324-25 (citing Hammond v. Fidelity & Cas. Co., 419 So.2d 829 (La.1982); Haughton v. Fireman's Fund American Ins. Co., 355 So.2d 927 (La.1978).

Once the employee has established the presumption of causation, the opposing party bears the burden of producing evidence and persuading the trier of fact that it is more probable than not that the work injury did not accelerate, aggravate or combine with the pre-existing disease or infirmity to produce his disability. Peveto v. WHC Contractors, 93-1402 (La. 1/14/94); 630 So.2d 689. Furthermore, medical testimony, albeit significant, is not conclusive as to the issue of causation, which is generally the ultimate fact to be decided by the hearing officer after weighing all the evidence. Id.

It is undisputed that Pitre had seriously injured his back prior to July 3, 1991. Dr. Cobb, an orthopedist, began treating Pitre for a back injury he sustained in a work-related accident in December 1988. On August 22, 1989, Dr.

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Bluebook (online)
651 So. 2d 980, 94 La.App. 3 Cir. 961, 1995 La. App. LEXIS 595, 1995 WL 92758, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pitre-v-oilfield-production-contractors-lactapp-1995.