Royals v. Town of Richwood

880 So. 2d 208, 2004 WL 1837399
CourtLouisiana Court of Appeal
DecidedAugust 18, 2004
Docket38,738-WCA
StatusPublished
Cited by5 cases

This text of 880 So. 2d 208 (Royals v. Town of Richwood) 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
Royals v. Town of Richwood, 880 So. 2d 208, 2004 WL 1837399 (La. Ct. App. 2004).

Opinion

880 So.2d 208 (2004)

Donna Sue ROYALS, Plaintiff-Appellee
v.
TOWN OF RICHWOOD, Defendant-Appellant.

No. 38,738-WCA.

Court of Appeal of Louisiana, Second Circuit.

August 18, 2004.

*209 Samuel T. Singer, Winnsboro, Dawn Hendrix, Rayville, for Appellant.

Curtis Daniel Street, for Appellee.

Before BROWN, CARAWAY, and MOORE, JJ.

BROWN, C.J.

Donna Royals, an officer with the Richwood Police Department, was awarded workers' compensation benefits, attorney fees, and penalties for a job-related injury. The Town of Richwood appealed, and Royals answered seeking additional attorney fees. We reverse in part, affirm the remainder of the award, and award additional attorney fees.

Facts

In September 2002, Donna Royals worked as a school resource officer at *210 Richwood High School. Her job duties included maintaining order at the school, making sure that the school's perimeter was safe, and ensuring that school buses could safely cross the highway. Unless called to the police station, she would be at the school when it was in session from 7:00 a.m. until about 3:20 p.m. Royals patrolled the campus in a Richwood Police Department car and wore a Richwood police uniform. At about 2:00 p.m. on the afternoon of September 9, 2002, Royals completed her last perimeter check and parked the patrol car in front of the school. Royals testified:

And as I was opening up the driver's door, and I had put my left foot out on the pavement and turned with my body, and was taking my right foot and my right leg to push out, and my knee twisted.... I felt a tremendous amount of pain in my knee. I just sat there and— and I rubbed on my knee for about five minutes before I could even move, because I wasn't sure if I could even walk.

There were no witnesses to this incident; however, Royals said that she limped into the school and notified another security officer that she had injured herself. She returned to her patrol car until school let out and then drove to the Richwood police station where she reported her injury to the duty dispatcher, Michelle Payzant. Royals did not seek medical care. She went home and put an Ace bandage, Thera-Gesic (a pain-relieving cream), and a heating pad on her knee and went to bed.

The next morning, Royals reapplied the Thera-Gesic cream and knee bandage. Although it was a school day, Royals had arranged to take time off from work to take a test. The exam was unrelated to her job and lasted four hours. Royals was not wearing her police uniform.

After she completed the test, Royals picked up lunch and drove to the police station to eat. When she arrived at the station, she spoke to the dispatcher to check in and believed that she was "on the clock." Royals stated that she would have been required to go to the school had there been an emergency.

After she ate and before leaving the station for the school, Royals went to the restroom. Royals testified:

When I went inside the bathroom, the— the toilet is not bolted down, and it wobbles. So, as I was getting up, then my weight shifted somehow or another, and like I say, my knee—the only way I can describe it is it just exploded.

Another officer helped her into a chair and she told that officer, the police chief, and Michelle Payzant that she had injured her knee. Even so, Royals drove to the school to help the buses exit onto the highway. She asked Michelle Payzant to accompany her. Royals was able to drive to the high school and assist with traffic control while remaining in her police car. Thereafter, she returned to the police station, dropped off Payzant, picked up her husband, and went to see her doctor, Ron Morgan.

Dr. Morgan sent Royals to the hospital for x-rays[1] and, upon reviewing the x-rays, he put Royals in a leg cast for eight days. Royals testified that she remained in bed for these eight days.

Royals returned to work on October 16, 2002, on light duty as a dispatcher; she used crutches to move around and was able to elevate her leg on a chair while working. She worked until December 28, 2002, when she had arthroscopic knee surgery performed by Dr. Douglas Brown; this surgery was paid for by the town. After the procedure, the doctor prescribed *211 a course of physical therapy. Royals estimated that she attended five physical therapy sessions. On January 8, 2003, Dr. Brown wrote a progress note that stated in part, "The patient is started on rehab with Richland Therapy and is allowed to return to work on 1/13/03." Dr. Brown also noted that Royals was "Released to work 1-13-03. Dispatcher only." Royals testified that the police chief did not want her to return to work until she was fully released from the doctor's care.

Although Royals repeatedly requested weekly workers' compensation benefits, the town never paid them. On January 22, 2003, the town's claims manager, Risk Management, Inc. ("RMI"), disallowed any further physical therapy or medical treatment for Royals. In its letter discontinuing benefits, RMI informed Royals that "it is our opinion that you were not injured during the course and scope of your employment."

RMI, through its adjuster, Sharon Jenkins, based its decision partly on a letter to the adjuster written by Michelle Payzant describing her impression of the events surrounding Royals' injury. The letter reads:

On September 10, 2002, Donna Sue Royals was excused from work to attend an interview. She came to Richwood Police Department at or around 1300 hours to visit, and on her own doing, said she was going to go let the buses out at the school at 1500 hrs. She went to the restroom at or around 1330 hours. When exiting the restroom she alleged that she hurt her knee, that it had locked up on her pulling up her pants. Ofc. Tiffany Jackson pulled a chair over for Royals to sit down. At 1448 hrs. Royals and myself left in a patrol unit to let the buses out at the school. We returned at 1519 hrs., when after exiting the unit, she stated that her knee popped when she put her weight on it getting out of the patrol unit. Witnesses in the department during the time she hurt her knee in the restroom were: Det. Gary Jessie, Ofc. Tiffany Jackson, Dispatcher Mattie Allen, and Michelle Payzant. Be advised that Mattie Allen is no longer with this department. If you have any further questions, I will help you anyway I can. (Emphasis added.)

Jenkins also relied on a report of an interview with Royals conducted by another adjuster, Beverly Smith. This report generally coincides with Royals' testimony at trial and indicates that Royals hurt her knee getting out of the car the day before the incident in the bathroom. This report indicates that these incidents occurred on September 10 and 11, 2002, respectively. (They actually occurred on the 9th and 10th). Jenkins did not speak with Royals during the investigation.

Neither Michelle Payzant nor Beverly Smith was present at trial. Only Royals and Jenkins testified. After hearing the two witnesses and considering the evidence, the court concluded that Royals' knee injury was compensable. The WCJ specifically stated that she found Royals' testimony to be credible and that there was no evidence to discredit her version of events. The court further found that Royals was within the course and scope of her employment on September 10 when her knee gave out in the bathroom.

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Cite This Page — Counsel Stack

Bluebook (online)
880 So. 2d 208, 2004 WL 1837399, Counsel Stack Legal Research, https://law.counselstack.com/opinion/royals-v-town-of-richwood-lactapp-2004.