Sharbono v. FIRE SAFETY SALES AND SERVICE

883 So. 2d 1066, 4 La.App. 3 Cir. 265, 2004 La. App. LEXIS 2301, 2004 WL 2181057
CourtLouisiana Court of Appeal
DecidedSeptember 29, 2004
Docket04-265
StatusPublished
Cited by7 cases

This text of 883 So. 2d 1066 (Sharbono v. FIRE SAFETY SALES AND SERVICE) 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
Sharbono v. FIRE SAFETY SALES AND SERVICE, 883 So. 2d 1066, 4 La.App. 3 Cir. 265, 2004 La. App. LEXIS 2301, 2004 WL 2181057 (La. Ct. App. 2004).

Opinion

883 So.2d 1066 (2004)

Thomas SHARBONO
v.
FIRE SAFETY SALES AND SERVICE, et al.

No. 04-265.

Court of Appeal of Louisiana, Third Circuit.

September 29, 2004.

*1067 Aubrey E. Denton, Attorney at Law, Lafayette, LA, for Plaintiff/Appellee, Thomas Sharbono.

Mark L. Riley, Onebane Law Firm, Lafayette, LA, for Defendants/Appellants, Fire Safety Sales and Service, Highlands Insurance Company.

Court composed of JOHN D. SAUNDERS, MICHAEL G. SULLIVAN, and ELIZABETH A. PICKETT, Judges.

SULLIVAN, Judge.

The issue presented by this appeal is whether the workers' compensation judge (WCJ) erred in reinstating temporary total disability and medical benefits based upon a finding that the claimant was still suffering from a work-related aggravation of his pre-existing multiple sclerosis (MS). For the following reasons, we affirm.

Discussion of the Record

Thomas Sharbono, a fire alarm technician employed by Fire Safety Sales and Service, was injured on May 19, 2000, when the company vehicle in which he was a passenger was rear-ended and then pushed forward into another vehicle.[1] He described the accident as producing a "heavy impact" that snapped his head against the headrest. He was treated later that day at a hospital emergency room for neck and shoulder pain. Mr. Sharbono did not return to work after this accident, and his employer paid him temporary total disability benefits for approximately two years, from the date of the accident through May 8, 2002.

It is undisputed that Mr. Sharbono was under active treatment for MS at the time of the accident. Although he may have been diagnosed with MS as early as 1989 or 1990, he did not receive any treatment for the disease until August of 1999, when he reported symptoms of blurred vision, muscle spasms, memory problems, fatigue, and bladder dysfunction to Dr. Annette Howard, a neurologist in Houston, Texas. Dr. Howard, who treated Mr. Sharbono before and after the May 2000 accident, initially ordered a course of steroid injections administered at Methodist Hospital in Houston. Because Mr. Sharbono reported a worsening of his MS symptoms after the accident, Dr. Howard initiated two rounds of high dose, intensive intravenous steroids in June and July of 2000. By September 2000, Dr. Howard believed that Mr. Sharbono's condition was stable, but she did not discharge him at that time. *1068 When questioned about the effect of trauma on the MS disease process, Dr. Howard stated that, while there is some belief that stressors do have an impact on chronic illness, medicine has been unable to quantify that relationship. Dr. Howard "absolutely" believed that trauma has a bearing on any medical condition, and she disagreed that all studies suggested that such a relationship did not exist. She stated that, generally, physicians believed that there is a relationship between trauma and chronic illness, but she could not say how much of an impact certain stressors had on the disease process.

Mr. Sharbono began treating with Dr. Maureen Lannan, a family practitioner in Sulphur, Louisiana, shortly after the accident. On May 23, 2000, Dr. Lannan diagnosed a flexion-extension injury, noting that Mr. Sharbono exhibited only 50% range of motion of the neck in almost all directions, with pain and tenderness in the left shoulder and left trapezius muscle. On June 5, 2000, Dr. Lannan found that Mr. Sharbono's neck range of motion had improved to 75%, with some soreness remaining, but that he had developed headaches in the right occipital region, leading her to question whether there was some MS involvement with the injury. By June 17, 2000, Dr. Lannan believed that Mr. Sharbono was having an MS flare. He still had spasms of the left neck, but added to these were spasms in the left arm and in the legs. Dr. Lannan considered these to be new findings that could have been precipitated by the accident because of the MS flare. At this time, Mr. Sharbono expressed an interest in returning to work, but he could not do so because of the muscle spasms. When Mr. Sharbono's neck had not improved by September 13, 2000, Dr. Lannan ordered an MRI, which revealed a small focal herniation at C5-6, centrally and slightly to the left.

Dr. Lannan continued to see Mr. Sharbono through July of 2002, during which time she documented his deteriorating condition. In March of 2001, she noted that he had marked decrease in range of motion in the neck, marked deterioration in speech, and more spasticity in the arms and legs. In July 2002, she noted that he had not improved to his pre-accident condition and she doubted whether he would ever reach that level again. Dr. Lannan believed that the motor vehicle accident precipitated the MS flare, noting the severity of symptoms that chronologically followed the accident. She stated that trauma precipitating MS flares has been documented, but as a doctor, she could not determine how much of the MS was related to the accident. She described the situation as a "gray hodgepodge" in which she could not separate his neck problems from the MS.

While under Dr. Lannan's care, Mr. Sharbono was also seen by a neurosurgeon, Dr. Eric Wolf, and by two neurologists, Dr. Alan Sconzert and Dr. Robert Martinez. Dr. Wolf treated Mr. Sharbono from October 2000 through March 2001, noting that steroid injections for his neck pain appeared to afford some relief. Based upon the patient's history, Dr. Wolf believed that Mr. Sharbono did sustain an aggravation or exacerbation of his MS, and he agreed that such an exacerbation would still be ongoing if the patient were still experiencing symptoms.

Dr. Sconzert believed that the motor vehicle accident initially had a dramatic impact on Mr. Sharbono's MS, but he stated that the impact should be less dramatic over the course of the disease. According to Dr. Sconzert, "there's no question" that trauma makes pre-existing MS worse, at least temporarily, but the real question is what happens long term. He explained that MS often gets worse anytime the *1069 energy expended to treat it is diverted, and he believed that this accident caused the patient to have less energy and more susceptibility to fatigue. He could not say definitely that the accident had some progressive impact on the MS, but he believed it was possible that the accident affected the MS in a negative fashion. Although he stated that there was a strong supposition among neurologists that any injury has an eventual impact on the MS because of the diversion of the body's defenses against the disease, he could not quantify that impact.

Dr. Martinez agreed that a motor vehicle accident can and does exacerbate MS symptomatology, and he further stated that if the aggravation is significant enough, it may produce permanent problems that would not have otherwise occurred. He also stated that an MS patient may recover from a relapse of symptoms, but that the patient may never return to baseline. Mr. Sharbono reported to Dr. Martinez that he was stable until May of 2000, when his condition began to deteriorate with added complaints after the automobile accident. Dr. Martinez compared the written reports of MRIs taken before and after the accident, noting that they appeared similar, but because of his inability to view the actual films, he could not say for certain whether there had been a change.[2] He believed it possible that the trauma of the accident could have set in progress more problems than Mr. Sharbono would have had without the accident, but he believed this to be a "toss-up." Dr. Martinez was impressed with Mr.

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Bluebook (online)
883 So. 2d 1066, 4 La.App. 3 Cir. 265, 2004 La. App. LEXIS 2301, 2004 WL 2181057, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sharbono-v-fire-safety-sales-and-service-lactapp-2004.