Royer v. Cantrelle

267 So. 2d 601, 1972 La. App. LEXIS 6650
CourtLouisiana Court of Appeal
DecidedSeptember 19, 1972
DocketNo. 3963
StatusPublished
Cited by4 cases

This text of 267 So. 2d 601 (Royer v. Cantrelle) 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
Royer v. Cantrelle, 267 So. 2d 601, 1972 La. App. LEXIS 6650 (La. Ct. App. 1972).

Opinions

FRUGÉ, Judge.

Mrs. Lovenia C. Royer instituted suit against E. W. Cantrelle, d/b/a Hub City Laundry and Cleaners, et al., for benefits under the Workmen’s Compensation Act for permanent and total disability. For reasons assigned, plaintiff’s demands were rejected, and she appealed. The question before this court is whether the plaintiff incurred a post-traumatic neurosis as a result of the accidental injuries sustained by her while in the course and scope of her employment.

It is undisputed that Mrs. Royer’s right hand was burned when it was caught in an automatic shirt pressing apparatus. She complains that her hand becomes numb, hurts, and swells when she tries to perform even menial work. She returned to work on two occasions following the accident, but was unable to perform her duties because of pain. Subsequent to the accident, Mrs. Royer saw a number of physicians, a psychiatrist, and a physical therapist.

Dr. Montgomery, a general practitioner, first saw Mrs. Royer on March 29, 1966, the date of the accident, when he attended the wound. He testified that she seemed to be on her way to recovery by April 19, 1966.

[603]*603Dr. Stewart, dermatologist, saw Mrs. Royer on April 22, 1966, at which time he noted the burned area on her hand, swelling of the hand and some limitation in the range of motion because of the swelling. Dr. Stewart treated the wound until June 11th, at which time he stated the hand seemed completely healed from a dermatological standpoint.

On June 1st, 1966, Mrs. Royer was seen by Dr. Dunning, an orthopedist, who noted a scar on her right hand, swelling, and some limitation of motion of the fingers. On December 1, 1966, Dr. Dunning advised her to return to work. The plaintiff followed his recommendation, but later informed the doctor that she could not work due to swelling in her hand. Plaintiff again saw Dr. Dunning in January of 1967, when she stated, as previously, that she could not use her hand because it pained her if she manipulated it. Dr. Dunning asserted that he did not believe that Mrs. Royer had any permanent physical disability.

Dr. Webre, orthopedist, saw the plaintiff one time on June 26, 1968. Dr. Webre concluded from an objective evaluation, that there was no evidence of impairment of the hands which would prevent her from returning to her previous employment, although he did feel that she probably had some sensitivity about the injury, and some weakness in the hand.

On February 28, 1969, Mrs. Royer was seen by Dr. Richard, surgeon, at which time she, then as previously, dejectedly complained of pain in her right hand. Dr. Richard probabilized that Mrs. Royer had a restriction in blood circulation in her arm, and an operation was performed. Dr. Richard testified that after the operation, she was objectively improved but that she persisted in her complaints of pain, and psychologically she was not better. Dr. Richard testified that from a physical and surgical standpoint, he could find no explanation for her continued symptoms.

Mr. Laperouse testified that he had given physical therapy exercises to Mrs. Roy-er beginning in June of 1966. He stated that she was very cooperative, but that she showed no real improvement in strength.

On July 20, 1970, the plaintiff was examined by Dr. William Cloyd, Jr., psychiatrist. Dr. Cloyd’s diagnosis was that of a neurosis following trauma. He categorically concluded that Mrs. Royer was not a malingerer. Dr. Cloyd very emphatically stated that her complaints of pain were real to her, that this neurosis would affect her ability to use her hand, and that since his examination was some four years after the injury the condition is permanent.

In recapitulating the medical evidence, it is manifest that Doctors Montgomery, Stewart, Dunning, Webre, and Richard, all concluded from an objective standpoint, that there was no disability. However, Dr. Cloyd, a psychiatrist, concluded that plaintiff was definitely not malingering and was suffering from traumatic neurosis.

Dr. Cloyd’s conclusion was substantiated by the testimony of lay witnesses. Mrs. George Guilbeaux, the plaintiff’s neighbor, testified that the plaintiff was unable to sew because she could not cut the material or sew by hand, and that she, Mrs. Guil-beaux, assists the plaintiff by doing her ironjfog and house cleaning. Mrs. Roy Guilbeaux, Mary Louise Menard, and Lois Cormier’s testimony was essentially identical; the plaintiff’s ability to work was restricted to very limited house work.

Louisiana allows awards of compensation for disability resulting from neurosis caused by an injury in the course of employment. Tate v. Gullett Gin Company and Liberty Mutual Ins. Co., 86 So.2d 698 (La.App. 1st Cir., 1956). There is no necessity that there also be a physical disability. Harrell v. Delta Drilling Company, 251 So.2d 97 (La.App. 3rd Cir., 1971), writs refused 259 La. 896, 253 So.2d 221 (1971). In Miller v. United States Fidelity and Guaranty Co., 99 So.2d 511 (La.App. [604]*6042nd Cir., 1957), after being examined by orthopedic surgeons who could find no objective reasons for the plaintiff’s disability, the plaintiff was examined by a psychiatrist who concluded that the man’s complaints of pain were due to a conversion hysteria (traumatic neurosis). In a landmark decision, the court agreed with the psychiatric findings and awarded total and permanent disability.

It is well settled that compensation claims predicated upon traumatic illnesses must be carefully scrutinized in order to protect the employer against unwarranted claims. Smith v. Wiley Wood Construction Co., 247 So.2d 904 (La.App. 4th Cir., 1971). However, it is likewise well settled that the danger of denying recovery to a deserving claimant must be guarded against with equal enthusiasm. Jackson v. International Paper Company, 163 So.2d 362 (La.App. 3rd Cir., 1964).

In 1967 this court decided the case of Manshack v. Employers Mutual Liability Ins. Co., 199 So.2d 579 (La.App. 3rd Cir., 1967), a case very similar to the one at bar in the following respects:

(1) The defendant did not have the plaintiff examined by a psychiatrist.
(2) Nowhere in the record was there any testimony, psychiatric or otherwise, which conflicted with the diagnosis advanced by the psychiatrist.
(3) No physician expressed an opinion that the plaintiff exaggerated his symptoms in order to influence their diagnosis.
(4) Lay testimony without exception demonstrated that the plaintiff was a capable, conscientious employee, 1 who before the accident was seldom heard to complain.
(5) The psychiatric examinations concluded that plaintiff was disabled from performing former duties and that this disability was caused by the accident sustained while in the employ of the defendant.
(6) The psychiatric conclusions were supported by uncontradicted lay testimony.
(7) Plaintiff returned to work, but was unable to function at the former job because of pain.
(8) The plaintiff’s complaints of pain were investigated on separate occasions by a number of physicians, none of whom could provide, from an objective standpoint, an adequate explanation.

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Bluebook (online)
267 So. 2d 601, 1972 La. App. LEXIS 6650, Counsel Stack Legal Research, https://law.counselstack.com/opinion/royer-v-cantrelle-lactapp-1972.