Satterwhite v. Zurich Insurance Company

199 So. 2d 429, 1967 La. App. LEXIS 5472
CourtLouisiana Court of Appeal
DecidedMay 29, 1967
Docket7046
StatusPublished
Cited by18 cases

This text of 199 So. 2d 429 (Satterwhite v. Zurich Insurance Company) 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
Satterwhite v. Zurich Insurance Company, 199 So. 2d 429, 1967 La. App. LEXIS 5472 (La. Ct. App. 1967).

Opinion

199 So.2d 429 (1967)

L. J. SATTERWHITE, Plaintiff-Appellee,
v.
ZURICH INSURANCE COMPANY, Defendant-Appellant.

No. 7046.

Court of Appeal of Louisiana, First Circuit.

May 29, 1967.

Magot Mazeau, of Normann & Normann, New Orleans, for appellant.

Burch Downman, Houston, for appellee.

Before LOTTINGER, REID and SARTAIN, JJ.

SARTAIN, Judge.

This is an action for workmen's compensation. Defendant appeals from a judgment awarding plaintiff, L. J. Satterwhite, compensation at the maximum statutory rate for total and permanent disability together with accrued medical expenses. Defendant urges here as in the trial court that the incident giving rise to this action was not an "accident" within the intent and under the express provisions of the Louisiana Workmen's Compensation Act, and therefore the injury allegedly sustained by plaintiff is not compensable, and, in the alternative, that if plaintiff did suffer injury through a compensable accident that he recovered very shortly thereafter and from the date of recovery has malingered.

*430 STATEMENT OF FACTS

Plaintiff, 28 years of age at the time of the trial, was employed by Houston Contracting Company, defendant's insured, on August 21, 1964 as a welder's helper at the rate of $2.05 per hour. He was assigned to assist journeyman welder, Tillman Shows.

Houston Contracting Company was enengaged in the construction of a pipeline near Thibodaux, Parish of Lafourche, Louisiana. On the date of the accident plaintiff reported for work at 7:30 a.m. o'clock, worked until noon, took his lunch break, and as hereinafter set forth at approximately 1:30 p.m. o'clock experienced a severe and excruciating pain in the lower part of his back.

Witnesses described the pipe being used as "large" and measuring "24 to 30 inches" in diameter. Sections of the pipe were being welded together along a line. At the time of the incident giving rise to this litigation the pipe was elevated some two feet above the ground.

It was the welder's duty to weld the sections of pipe together and in this he was aided by a helper. The helper's duties required that he work very closely with the welder and as the weld was concluded, it was the helper's responsibility to brush the flux from the weld with a wire brush. The flux is that residue from the welding material that remains at the spot of the weld. In some instances it can be easily removed and at others it requires hard brushing.

Plaintiff stated that as he was attempting to brush the weld on the bottom side of the pipe it was necessary that he place his right arm over the pipe and bend forward and down so as to reach the bottom portion of the pipe with his left hand. Plaintiff further stated that while in such a contorted position he experienced a sharp and severe pain in the lower part of his back, which caused him to fall to his knees. He told Shows that he was unable to continue and felt like he needed a doctor. Plaintiff further testified that he reported the incident to his foreman who directed another employee to take him to a doctor. The employee took plaintiff to Thibodaux where plaintiff's car was parked, plaintiff then "found" Dr. Calecas.

Dr. Calecas examined and had x-rays taken of plaintiff's back. The x-rays showed no evidence of fracture or dislocation. Dr. Calecas diagnosed plaintiff's injury as acute left lumbosacral strain and prescribed muscle relaxant drugs and a sedative. On the following day, October 22, 1964, when plaintiff returned to Dr. Calecas, his condition had not improved and because plaintiff was staying at a rooming house the doctor recommended hospitalization. Plaintiff chose to return to his home in Newton, Texas so that he could be treated by his family physician.

On August 24, 1964 plaintiff returned to Newton, Texas and was on that date examined by Dr. John W. Patton who admitted him to Newton County Memorial Hospital where he remained for two days where he was placed in traction and given muscle relaxants and pain relievers.

On September 3, 1964 Dr. Patton referred plaintiff to Dr. G. B. Stephenson, an orthopedic specialist, in Beaumont, Texas. X-rays on this occasion were negative but showed "some narrowing of the lumbosacral joint space". The doctor felt plaintiff "had a lumbosacral syndrome". He advised plaintiff to return to the hospital in Newton, Texas for further bed rest and traction. Plaintiff was readmitted to the said hospital on September 5, 1964 where he remained for eight days.

His condition failed to improve and on October 22, 1964 he was again referred to Dr. Stephenson who observed that plaintiff was "still having some tightness of his back and he had very little relief from the treatment he was getting up in Newton". On November 16, 1965 Dr. Stephenson admitted plaintiff to St. Elizabeth's Hospital in Beaumont, Texas where he remained hospitalized for eight days. Dr. Stephenson felt plaintiff *431 had responded well to treatment and because plaintiff "wanted to be discharged", he permitted his release from the hospital. When Dr. Stephenson saw and examined plaintiff on November 30, 1964 he was of the opinion that plaintiff could return to work.

Plaintiff testified that following his discharge from Dr. Stephenson on November 30, 1964, he attempted various times to work and on each occasion was required to discontinue after two or three weeks because of the pain in his back. He remained under the treatment of Dr. Patton from the date of his discharge by Dr. Stephenson up to and including the date of the trial on May 31, 1966. Plaintiff's testimony with respect to his inability to work is fully corroborated and supported by Dr. Patton who testified that he had continued to see and treat plaintiff for his back trouble during the entire period. The record reveals that he did in fact see plaintiff on some ten occasions and on at least three examined him very carefully. Dr. Patton was of the opinion that because plaintiff had not responded to traction and conservative treatment for his back difficulties that plaintiff had sustained a ruptured disc on August 21, 1964 concluding that a lumbosacral strain would have long since cleared up.

At the request of defendant and in preparation for trial plaintiff was examined by Dr. Stephenson on April 15, 1966. Dr. Stephenson stated that his examination on this date was negative and was of the opinion that plaintiff was not disabled and was capable of returning to work. In substance his report of April 15, 1966 was similar to his examination of November 30, 1964.

The issues thus presented are (1) did plaintiff sustain a compensable accident, (2) has plaintiff recovered.

AS TO THE "ACCIDENT"

Defendant strenuously directs a two prong attack on the question of whether or not plaintiff in fact was involved in an accident the consequences of which would render plaintiff entitled to compensable injuries. This argument is directly related to the particular work activities of plaintiff at the moment plaintiff contends he injured his back. Defendant also contends that the injury for which plaintiff seeks compensation is the result of prior injuries of a similar nature sustained by plaintiff on two previous occasions. In this latter respect defendant argues that there was nothing traumatically unusual about plaintiff's work and there can be no recovery merely because of pain suffered in the doing of ordinary things one must do in daily living and in normal work, citing Crimen v. Fidelity & Casualty Co. of New York, La.App., 185 So.2d 369.

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Bluebook (online)
199 So. 2d 429, 1967 La. App. LEXIS 5472, Counsel Stack Legal Research, https://law.counselstack.com/opinion/satterwhite-v-zurich-insurance-company-lactapp-1967.