Sanders v. J. Ray McDermott, Inc.

867 So. 2d 771, 2003 La. App. LEXIS 3065, 2003 WL 22518985
CourtLouisiana Court of Appeal
DecidedNovember 7, 2003
Docket2003 CA 0064
StatusPublished
Cited by14 cases

This text of 867 So. 2d 771 (Sanders v. J. Ray McDermott, Inc.) 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
Sanders v. J. Ray McDermott, Inc., 867 So. 2d 771, 2003 La. App. LEXIS 3065, 2003 WL 22518985 (La. Ct. App. 2003).

Opinion

867 So.2d 771 (2003)

Donald J. SANDERS, Jr.
v.
J. RAY MCDERMOTT, INC.

No. 2003 CA 0064.

Court of Appeal of Louisiana, First Circuit.

November 7, 2003.

*772 Kyle Sherman, Lafayette, for Plaintiff-Appellant Donald J. Sanders, Jr.

J. Louis Gibbens, New Iberia, for Defendant-Appellee J. Ray McDermott, Inc.

Before: FOIL, PETTIGREW, and DOWNING, JJ.

PETTIGREW, J.

On appeal in this workers' compensation case, the claimant asserts the workers' compensation judge ("WCJ") erred in denying his motion to compel discovery and in granting summary judgment in favor of the employer, dismissing his claim with prejudice.

FACTS AND PROCEDURAL HISTORY

On May 2, 2002, claimant, Donald J. Sanders, Jr., filed a disputed claim for compensation with the Office of Workers' Compensation averring entitlement to workers' compensation benefits. Mr. Sanders alleged that on April 2, 2002, during the course and scope of his employment with J. Ray McDermott, Inc., he injured himself while he was "bent over cutting a piece of ... steel grating with a hand held cutting torch." Mr. Sanders noted that when he stood up from doing this work, he "felt severe pain in [his] lower back which traveled down the back of [his] right thigh."

On the day of his accident, Mr. Sanders completed a form entitled "EMPLOYEE'S ACCIDENT/ILLNESS REPORT." In response to a question about what caused his injury, Mr. Sanders reported, "Working in awkward uncomfortable position." Further describing his accident, Mr. Sanders noted as follows: "Cutting grating in Bay 4 Bldg. 1 for Heliport Landings.

*773 Started to feel severe pain in his back and legs. Pain was minor the previous day when I was working under Heliport section installing pad-eyes and stiffner [sic] plates."

Mr. Sanders and Terrell Perro, a co-worker who was with him at the time, immediately reported this incident to their supervisor, Leroy Keith. After explaining his injury and the pain he was experiencing, Mr. Sanders was told to seek medical treatment. He was seen that same day by Dr. Thibodeaux, who treated him conservatively for a muscle strain.

Mr. Sanders returned to McDermott the following day, but not to his regular duties. He worked for the next five or six days in the dispensary doing office work. Thereafter, on April 8, 2002, he was seen by Dr. James C. McDaniel, a physician of his choice. On the following day, Mr. Sanders was examined by Dr. Christopher E. Cenac at the request of McDermott. According to Dr. Cenac's April 9, 2002 report, Mr. Sanders' latest MRI was not available for his review at the time he examined Mr. Sanders. Dr. Cenac noted as follows with regard to the incident in question:

Donald Sanders was examined 4/9/02. The MRI completed recently has been requested for review and further comment. By history the patient had prior surgery in November 1994 not related to a work related incident. At that time he had low back and bilateral leg complaints. He was returned to work after 6 months. 40 pound lifting restrictions were assigned by the pre-employment physician. He changed jobs and ha[d] a pre-employment physical by Dr. Bourgeois in 1997 and again 40 pound lifting restrictions were assigned. He was allowed to work at McDermott as a fitter. He denies any interim complaints. On 4/2/02 he was cutting a piece of grating and had the onset of severe back pain. There was no history of an accident or injury. He was seen by Dr. McDaniel, his prior treating physician. An MRI was completed.

Mr. Sanders was ultimately seen by Dr. Stefan G. Pribil, a neurosurgeon, in May 2002. According to Dr. Pribil's records, Mr. Sanders presented with complaints of pain in his back, radiating into his right leg. Mr. Sanders reported to Dr. Pribil that although he had previously undergone surgery for a massive disc herniation, he had recovered from his surgery and was doing well. However, on April 2, 2002, while working at McDermott, Mr. Sanders injured his back again. Mr. Sanders indicated that he was leaning over and cutting with a hand-held torch when, upon straightening up from that position, he felt a sudden sharp pain radiating into the back and right leg. Dr. Pribil performed a series of operations on Mr. Sanders in May and August 2002 to address his multiple disc herniations. In a report dated October 1, 2002, Dr. Pribil concluded that Mr. Sanders' injuries were "more likely than not ... caused from the accident/incident of April 2, 2002."

In response to Mr. Sanders' claim for compensation, McDermott denied that Mr. Sanders was involved in an accident as defined in the Louisiana Workers' Compensation Act. McDermott alleged that any impairment Mr. Sanders may be suffering from was related to causes other than his employment at McDermott. On September 19, 2002, McDermott filed a motion for summary judgment alleging that there were no genuine issues of material fact and that Mr. Sanders' suit should be dismissed with prejudice because he did not sustain an accident entitling him to workers' compensation benefits. In support of the motion, McDermott introduced Mr. Sanders' medical records, excerpts from Mr. Sanders' deposition, and a copy of the *774 recorded statement given by Mr. Sanders on April 3, 2002.

In response to McDermott's motion for summary judgment, Mr. Sanders filed a memorandum in opposition to the motion, alleging that McDermott had not met the burden of showing there was no genuine issue of material fact, and thus, summary judgment was not appropriate. In support of his position, Mr. Sanders introduced his deposition, his medical records, and a copy of the "EMPLOYEE'S ACCIDENT/ILLNESS REPORT" completed on April 2, 2002. Mr. Sanders also filed a motion to compel discovery, contending that McDermott failed to properly answer the following interrogatory:

INTERROGATORY NO. 22:
Did Adele Cook and/or any other representative of defendant make any inquiries directly to Dr. Christopher Cenac regarding his report of April 9, 2002 indicating that there was "no history of an accident or injury?" If defendant answers affirmatively, please list the specific dates, times, and places that these inquiries took place.

In answers to interrogatories, McDermott responded to the above interrogatory as follows: "This question is best directed to Dr. Cenac whose report is enclosed." In connection with his motion to compel discovery, Mr. Sanders also requested that McDermott be ordered to pay all costs and reasonable attorney fees incurred in filing the motion.

On October 17, 2002, the WCJ heard arguments on McDermott's motion for summary judgment and Mr. Sanders' motion to compel. After considering the applicable law and the evidence in the record, the WCJ denied Mr. Sanders' motion to compel, but granted McDermott's motion for summary judgment, dismissing Mr. Sanders' suit with prejudice.[1] The WCJ offered no reasons for judgment, either written or oral. A judgment in accordance with these findings was rendered and signed on October 31, 2002. It is from this judgment that Mr. Sanders has appealed, assigning the following specifications of error:

1. The trial judge erred in denying Sanders' motion to compel.
2. The trial court erred in granting J. Ray McDermott's motion for summary judgment and dismissing Sanders' claim with prejudice at his cost.
3. The trial court erred in failing to grant Sanders' motion for summary judgment.

SUMMARY JUDGMENT

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Bluebook (online)
867 So. 2d 771, 2003 La. App. LEXIS 3065, 2003 WL 22518985, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sanders-v-j-ray-mcdermott-inc-lactapp-2003.