Qualls v. Stone Container Corp.

699 So. 2d 1137, 1997 La. App. LEXIS 2302, 1997 WL 594320
CourtLouisiana Court of Appeal
DecidedSeptember 24, 1997
Docket29794-WCA
StatusPublished
Cited by18 cases

This text of 699 So. 2d 1137 (Qualls v. Stone Container Corp.) 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
Qualls v. Stone Container Corp., 699 So. 2d 1137, 1997 La. App. LEXIS 2302, 1997 WL 594320 (La. Ct. App. 1997).

Opinion

699 So.2d 1137 (1997)

Gary J. QUALLS, Plaintiff-Appellee,
v.
STONE CONTAINER CORPORATION, Defendant-Appellant.

No. 29794-WCA.

Court of Appeal of Louisiana, Second Circuit.

September 24, 1997.
Rehearing Denied October 23, 1997.

*1139 Gary D. Nunn, Jonesboro, for Defendant-Appellant.

Brittain & Sylvester by Russell L. Sylvester, Natchitoches, for Plaintiff-Appellee.

Before NORRIS, WILLIAMS and CARAWAY, JJ.

CARAWAY, Judge.

Defendant, Stone Container Corporation, appeals the worker's compensation hearing officer's decision that awarded benefits, penalties, and attorney's fees to its former forklift driver, Gary Qualls. Because Mr. Qualls failed to prove that a May 6, 1993 workrelated incident was an "accident" causing "injuries" as those terms are construed under the Worker's Compensation Act, we reverse the award and render judgment for Stone Container.

Facts

Plaintiff's medical history begins with his visit to Dr. William Foust, a general medical practitioner in Jonesboro, who diagnosed Qualls with acute lumbar strain and low back muscle spasms on October 2, 1992. Again, following a telephone conversation with Qualls in late April, 1993, Dr. Foust prescribed medication for the treatment of prostatitis.[1] On May 7, 1993, Qualls reported symptoms of low back pain during urination to Dr. Foust, who examined Qualls and treated him for prostatitis.

The May 7, 1993 medical examination occurred the day after Qualls' forklift collided with a large set of scales at the Stone paper plant. Though Qualls experienced pain and stiffness in his back after work on May 6, he did not report to Dr. Foust or to Stone that the forklift collision caused his back pain. Dr. Foust testified that he never suspected a disc problem, either before or after the May, 1993 incident, because Qualls' "vague low back pain" showed no signs of radiation and was related to urination.

From May, 1993 until March, 1994, Qualls was not disabled from working because of his back problems. In March, 1994, Dr. James Finley, a board certified orthopaedic surgeon, examined Qualls, who reported to Dr. Finley that he had suffered with low back pain for at least one year and that the pain had begun radiating into his left leg, groin and buttock. An x-ray and MRI revealed spondylolisthesis, degenerative changes, and a herniated disc at L4-5. Based on these diagnostic tests, Dr. Finley recommended surgery. According to Dr. Finley, the medical history recorded by his staff specifically stated that Qualls had not suffered any injury.

During his deposition, Dr. Finley responded to the following questions posed by Mr. Qualls' attorney:

Q.... [W]hat is spondylolisthesis?
A. Spondylolisthesis is a condition of the spine, whereby, a thin area of bone in the posterior elements of the spine is either injured by trauma, or does not develop appropriately. The latter is probably the most appropriate supposition in Mr. Qualls' case, but nonetheless, it allows one vertebra to slide forward on another, and they do not remain stacked one on top of the other, in good alignment.
Q. Is this considered a defect of the spine?
A. Yes.
Q. Is a person with this condition more susceptible to back injury than one who does not possess this condition?
A. Yes.
Q. This sliding process of spondylolisthesis, does it occur suddenly, or is it a gradual process?
A. It can occur traumatically, but in this case, this was a case of progressive spondylolisthesis, and occurred over a long period of time.
Q. Isn't it true, that the MRI, which you had performed on Mr. Qualls, revealed that the L4-5 disc was also degenerative?
*1140 A. Yes.
* * * * * *
Q. And isn't it true, that degenerative changes are the result of wear and tear, or micro traumas normally over a period of time?
A. Yes.
Q. Isn't it also true, that heavy physical work, lifting, static work postures, bending and twisting and vibrations, are all physical work factors, associated with an increased risk for back pain?
A. That sounds like a reasonable statement, yes.
Q. Would you feel that Mr. Qualls' job duties as a forklift driver caused micro trauma to his spine and disc?
A. Probably to some degree, yes.
Q. Is generally a degenerative disc, considered to be more susceptible of injury, than one that is not degenerative?
A. That's probably a reasonable statement, yes.
* * * * * *
Q. In your medical opinion, would you feel that Mr. Qualls' job activities, working as a forklift operator, either caused or contributed to the disability, for which he presented to you on March 11, 1994?
A. Not in any specific way, any more than any other process did.

Dr. Timothy Ogden, an orthopaedic surgeon, examined Qualls on May 29, 1994, after Qualls entered the Veteran's Administration hospital for surgery on his back. Dr. Ogden testified that spondylolisthesis can be degenerative or it can be traumatic and that there is no way to determine what caused Qualls' condition. Neither party questioned Dr. Ogden regarding whether Qualls reported an on-the-job accident during Dr. Ogden's exam.

Qualls underwent surgery on his back at the VA Hospital in 1994 and again in 1995. The parties stipulated that the plaintiff became temporarily totally disabled as of March 24, 1994.

In summary, Qualls saw five physicians and underwent two surgeries without the forklift accident being documented in any of the reports of his health care providers. Qualls did not file an accident report with his employer and suffered for at least ten months before he claims to have indicated to Stone that he had a work-related injury. After March, 1994, Qualls applied for payments under a group disability insurance plan by executing a form stating that his injury was not related to his employment. Even when his employer initially denied worker's compensation coverage, Qualls did not elaborate on the specific details of an accident until March, 1995.

At trial, one of Qualls' co-workers testified that she did see the forklift collision. The co-worker, however, could not remember the date or time of the accident and indicated that forklift drivers often ran into the scales. The co-worker did not testify that she became aware, at the time of the incident or at any time thereafter, that the incident had caused Qualls to suffer any pain or injury.

Law

Initially, we note that degenerative disc disease is specifically excluded from the classification of occupational diseases and is not compensable under the Worker's Compensation Act. La. R.S. 23:1031.1. Therefore, the plaintiff's burden was to establish that an "accident" producing "injury" occurred in this instance as those terms have been defined under the Act. La. R.S. 23:1021(1) and (7) and 1031.

Section 1021 of the Act gives the following definitions:

(1) "Accident" means an unexpected or unforeseen actual, identifiable, precipitous event happening suddenly or violently, with or without human fault, and directly producing at the time objective findings of an injury which is more than simply a gradual deterioration or progressive degeneration.

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699 So. 2d 1137, 1997 La. App. LEXIS 2302, 1997 WL 594320, Counsel Stack Legal Research, https://law.counselstack.com/opinion/qualls-v-stone-container-corp-lactapp-1997.