Smith v. Morehouse General Hosp.

658 So. 2d 232, 1995 La. App. LEXIS 1798, 1995 WL 366767
CourtLouisiana Court of Appeal
DecidedJune 21, 1995
Docket27117-CA
StatusPublished
Cited by4 cases

This text of 658 So. 2d 232 (Smith v. Morehouse General Hosp.) 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
Smith v. Morehouse General Hosp., 658 So. 2d 232, 1995 La. App. LEXIS 1798, 1995 WL 366767 (La. Ct. App. 1995).

Opinion

658 So.2d 232 (1995)

Carol SMITH, Plaintiff-Appellee,
v.
MOREHOUSE GENERAL HOSPITAL, Defendant-Appellant.

No. 27117-CA.

Court of Appeal of Louisiana, Second Circuit.

June 21, 1995.

*234 Richard A. Bailey, Bastrop, for appellant.

Travis Holley, Bastrop, for appellee.

Before MARVIN, NORRIS and WILLIAMS, JJ.

WILLIAMS, Judge.

The claimant, Carol Smith, filed this action against her former employer, Morehouse General Hospital, seeking worker's compensation benefits. After a trial on the merits, the hearing officer rendered judgment in favor of the claimant, ordering the defendant to pay supplemental earnings benefits. From that judgment, the defendant appeals. We affirm.

FACTS

Smith was employed by Morehouse General Hospital as an licensed practical nurse (LPN). On Wednesday, June 12, 1991, Smith injured her back while lifting a patient. She was off work for a few days after the accident and did not return until Sunday night, June 16, 1991. On that night, after she returned to work, she began to feel as though she was "walking on a bed of needles." The next morning, she reported the problem to Dr. Carter Cox, a physician on defendant's staff, as he made his 6:00 a.m. rounds. She also filed an employee injury report, indicating that she injured her lower back on June 12, 1991. She never returned to work after June 16, 1991.

On June 17, 1991, the claimant visited Dr. Cox at his office. She complained of the pain in her left leg and told him it was related to the June 12, 1991 accident. Dr. Cox examined the claimant and x-rayed her lower spine. He diagnosed the claimant as having a severe degenerative disc disease in her lower lumbar spine, along with arthritic changes. He opined that the disease and changes preexisted the June 12, 1991 accident. He prescribed physical therapy and instructed her to return to him on a weekly basis.

The next week, claimant returned to Dr. Cox and complained of pain and numbness in her leg. A week later, she complained of left leg pain and tingling (paresthesia). Dr. Cox ordered a myelogram and CT-scan of her lumbar spine which revealed that claimant was suffering from a condition consisting of hypertrophic arthritis involving the articular facets with a moderate degree of posterior longitudinal ligament thickening, a condition which preexisted the June 12, 1991 accident. The claimant also had soft tissue prominence overlaying the lateral aspect of her L4-L5 disc which indicated a degree of lateral disc herniation.

The claimant visited Dr. Cox again on July 11, 1991. On that occasion, she reported symptoms of pain in her neck and arm. Dr. Cox ordered an MRI scan of her neck (cervical spine) and referred her to Dr. Donald R. Smith, a neurosurgeon.

Dr. Worley, a radiologist, performed the MRI scan of claimant's cervical spine on July 15, 1991. He found that the claimant had a moderate indentation on the left side of her dura at the C4-C5 level. He found the same condition on the right side at that level, but to a lesser degree. He felt the indentation was caused by calcium deposits (osteophyte formation) and possibly a herniated disc. Dr. Worley's final diagnostic impression was *235 anterior lateral compression of the dura. Dr. Cox reviewed Dr. Worley's report and determined that the osteophyte formation preexisted the June 12, 1991 accident.

On August 5, 1991, Dr. Smith physically examined the claimant and reviewed her radiographic studies. He found only degenerative changes in claimant's lumbar spine and concluded that it was essentially normal. He also concluded that the defect in claimant's cervical spine had existed long before the June 12, 1991 accident. He opined that osteophyte formation caused the defect and may have pressed on a nerve at the C4-C5 level, producing some nerve root irritation (radicular involvement). Dr. Smith's impression was that degenerative changes had occurred at the C4-C5 level (cervical spondylosis) with no objective evidence of radicular involvement. He did not believe surgery was warranted and recommended a program of vigorous physical therapy and "work hardening."

On August 29, 1991, an MRI scan was performed on claimant's lumbar spine. Dr. Worley reviewed the MRI scan and found that claimant's L3-L4 and L4-L5 discs protruded into the left side of her intervertebral foramen and appeared to slightly elevate her nerve root sheath. Dr. Smith also reviewed the MRI scan. He concluded that the changes present were normal, considering the claimant's age and mild degenerative changes.

In September of 1991, Dr. Cox sent the claimant to a rehabilitation center for testing. In October of 1991, he sent her to the North Louisiana Rehabilitation Hospital. There, Dr. Joseph M. Smith evaluated her, and opined that she suffered from cervical spondylosis with a normal lumbar spine and obesity. He recommended two weeks of intensive physical rehabilitation.

In December of 1991, the defendant sent the claimant to Dr. Douglas C. Brown, an orthopaedic surgeon. The claimant told Dr. Brown that she was experiencing numerous types of pain. After reviewing the radiological studies, Dr. Brown opined that the claimant had a herniated disc at the C4 level, a budging disc at the L3-L4 level, a hypertrophic left L4-L5 facet and a joint anterior traction spur at L2, L3, and L4 consistent with osteoarthritis of the lumbar spine. Dr. Brown then enrolled the claimant in a work hardening program.

During January and February of 1992, the claimant participated in the work hardening program. She complained that work hardening increased her discomfort, so Dr. Brown took her out of the program. Then, based on the claimant's various complaints of pain, Dr. Brown concluded that the claimant was magnifying her symptoms. He felt that she had reached maximum medical recovery and assessed her with a 35% impairment rating. Dr. Brown felt the claimant could perform gainful employment as long as she did not lift objects heavier than fifteen pounds.

On May 25, 1992, new MRI scans of the claimant's cervical and lumbar spine were done at Glenwood Medical Center. Dr. David Lawrence read those scans and concluded that while the lumbar scan was essentially normal, the cervical scan showed that the claimant had a left paracentral disc protrusion at the C4-C5 level. Dr. Cox, Dr. Brown and Dr. Donald Smith reviewed Dr. Lawrence's reports and compared them with Dr. Worley's reports of July and August 1991. Each of the doctors concluded that claimant's condition had not changed significantly during the interim, except Dr. Smith who concluded that the claimant's cervical condition had changed dramatically.

The claimant's medical records showed that she had a history of arthritis and low back pain beginning as early as 1977. Radiological studies of her spine performed in 1984 and 1985 revealed that she had degenerative changes in the C4 through C6 range with bilateral intervertebral foramenal encroachment at the C4-C5 level that was worse on the left side. Her medical records also indicate that she suffered a prior low back injury on February 12, 1987, while she was working at the Oklahoma Osteopathic Hospital. As a result of that injury, she began experiencing frequent paresthesia in her left leg and occasional discomfort in her neck. A CT-scan of her lumbar spine revealed that she had diffuse disc budging at L4-L5 and facet hypertrophy at the L3-L4 *236 and L4-L5 levels. In December of 1987, she was diagnosed with chronic low back pain secondary to chronic lumbosacral strain/ sprain and cervical spondylosis.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

J.P. Morgan Chase v. Louis
12 So. 3d 440 (Louisiana Court of Appeal, 2009)
Modicue v. Graphic Packaging & Liberty Mutual Insurance Co.
4 So. 3d 968 (Louisiana Court of Appeal, 2009)
Clark v. Clark Trucking
679 So. 2d 157 (Louisiana Court of Appeal, 1996)
Jones v. AT & T
669 So. 2d 696 (Louisiana Court of Appeal, 1996)

Cite This Page — Counsel Stack

Bluebook (online)
658 So. 2d 232, 1995 La. App. LEXIS 1798, 1995 WL 366767, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-morehouse-general-hosp-lactapp-1995.