Royals v. Town of Richwood

968 So. 2d 833, 2007 La. App. LEXIS 1951, 2007 WL 3086022
CourtLouisiana Court of Appeal
DecidedOctober 24, 2007
Docket42,585-WCA
StatusPublished
Cited by5 cases

This text of 968 So. 2d 833 (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, 968 So. 2d 833, 2007 La. App. LEXIS 1951, 2007 WL 3086022 (La. Ct. App. 2007).

Opinion

968 So.2d 833 (2007)

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

No. 42,585-WCA.

Court of Appeal of Louisiana, Second Circuit.

October 24, 2007.
Rehearing Denied November 29, 2007.

*834 Law Offices of Street & Street, by C. Daniel Street, Monroe, for Appellant.

*835 Hudson, Potts & Bernstein, L.L.P., by Brian P. Bowes, Travis Oliver, IV, Monroe, for Appellee.

Before BROWN, MOORE and LOLLEY, JJ.

MOORE, J.

The claimant, Donna Royals, appeals a judgment of the Office of Workers' Compensation which denied her claims for supplemental earnings benefits ("SEB"), reimbursement of nonprescription medications and medical supplies, and prescriptions and physical therapy recommended by her treating orthopedic surgeon, and denied her claims for penalties and attorney fees for the employer's failure to pay or provide these benefits. For the reasons expressed, we reverse the denial of SEB, but in other respects affirm and render.

Factual Background

In August 2002, the Town of Richwood hired Ms. Royals as a school resource officer at Richwood High School; her job was to oversee the students and help maintain order, including breaking up any fights that may erupt in the two-story building. After making a perimeter check on the afternoon of September 9, 2002, Ms. Royals twisted her right knee while getting out of her patrol car. The next day, she reinjured the knee in the restroom of the police station. Her family doctor sent her to the hospital, where she obtained treatment; on October 16, 2002, she returned to light duty work as a dispatcher. Around this time, she also began buying over-the-counter pain relievers.

In late November 2002 she saw Dr. Douglas Brown, an orthopedic surgeon, who suspected a torn meniscus. He performed arthroscopic surgery on December 28, chiefly to debride and shave the meniscus; he prescribed therapy and kept her off work until January 13, 2003, when he released her to work as a dispatcher. However, Ms. Royals has never returned to work.

Nine days after the work release, Richwood's claims manager, Risk Management Inc. ("RMI"), discontinued her therapy and medical treatment on grounds that the initial accident was not work-related; it had never paid her any weekly indemnity benefits.

Ms. Royals filed a contested claim for compensation; after a trial in October 2003, the Workers' Compensation Judge ("WCJ") awarded her temporary, total disability benefits for approximately seven weeks ending January 13, 2003, SEB from that date onward, and penalties of $2,000 and attorney fees of $6,000 for the failure to pay temporary, total disability benefits and provide the therapy prescribed by Dr. Brown. On Richwood's appeal, this court affirmed the finding of a work-related accident, reduced the statutory penalty to $1,000, and awarded claimant's counsel $500 for having to defend the appeal. Royals v. Town of Richwood, 38,738 (La. App. 2 Cir. 8/18/04), 880 So.2d 208.

Meanwhile, Ms. Royals continued to buy over-the-counter pain relievers and knee braces; simultaneously, she was going to E.A. Conway Hospital for cortisone injections, Lortab and Bextra, but still complained of a locking sensation in her knee. In October 2004, she returned to Dr. Brown, who ordered an MRI. This showed progressive degenerative arthritis, which Dr. Brown ascribed to the initial accident. He recommended a complete knee replacement, which was performed in January 2005. He described the procedure as "uneventful," and her postoperative progress as good. In late March 2005, he said she could return to "modified work."

RMI then retained a vocational rehabilitation consultant, Younger & Associates, to perform a vocational assessment of Ms. *836 Royals. On July 12, Younger's employee, Alice Rogers-Bond, met with Richwood's police chief, Robert Kelly, to get a job analysis of the position of school resource officer. She typed her report directly into her laptop computer; there were no original notes to compare for accuracy. This report characterized the job as mostly sedentary to light, with frequent to intermittent standing and walking, and medium duty "only in cases where physical restraint would be necessary; however, she [Ms. Royals] had not had to implement this during her employment, 5%." Ms. Rogers-Bond also checked "rarely" for stair climbing, or "up to one hour in an eight-hour day." Chief Kelly generally confirmed the information in the job analysis, except that Ms. Royals had told him she actually arrested some students for fighting in her three-week tenure at Richwood High. He testified that if she had asked, he would have "made a place for her," but that he had replaced her and his department had actually laid off several officers. He agreed that in her current condition, Ms. Royals could not work as a school resource officer.

Ms. Rogers-Bond sent the job analysis to Dr. Brown, who responded that the job fell within Ms. Royals' physical capabilities. Dr. Brown gave her a full release to work on August 17, 2005. On receipt of this release, Richwood discontinued Ms. Royals' SEB and medical benefits.

In May 2005, Ms. Royals filed the instant contested claim seeking reimbursement for mileage, medical expenses paid to her family doctor, and nonprescription medicines and medical supplies she bought from October 2002 through early January 2005. By amended claim, she contested the termination of SEB. By a second amended claim, she sought additional medical treatment from Dr. Brown, physical therapy, and reimbursement of E.A. Conway bills and prescription drugs, all arising from a knee injury sustained in a fall at her parents' house in December 2005 when her right knee buckled or gave way beneath her. Each claim included a demand for penalties and attorney fees.

Action of the WCJ

The WCJ heard all three claims at a single trial in September 2006. After taking the case under advisement, the WCJ rendered oral reasons, carefully summarizing the testimony, Ms. Royals' medical records and the job analysis prepared by Ms. Rogers-Bond. The WCJ noted that the job analysis was erroneous in stating that Ms. Royals had never had to use physical restraint during her employment; however, the rest of the report was clear that she would be required to use physical techniques to intervene in fights. Even when presented with this information, Dr. Brown did not recant his earlier approval of the job; the WCJ therefore denied any further SEB, together with the claim for penalties and attorney fees.

As for the nonprescription medicines and medical devices, the WCJ stated that the claimant's burden was to prove that these items were reasonable, necessary and related to the initial injury. Noting that Ms. Royals was buying nonprescription items even while going to E.A. Conway for treatment and several prescription drugs, and that the medical records did not show that additional items were needed, the WCJ denied this claim, as well as the request for penalties and attorney fees.

Finally, the WCJ found that Richwood failed to pay Ms. Royals' family doctor's fee, mileage and prescription costs within 60 days of receiving proof of the claim; for this, she assessed a penalty of $2,000 and an attorney fee of $5,000. However, she denied all other claims for medical expenses, as the medical records did not show that the fall at her parents' house *837 was related to the initial, compensable injury.

Discussion: Nonprescription Medical Expenses

By her first assignment of error, Ms.

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