Soniat v. Crown Buick & Risk Management Services

166 So. 3d 278, 14 La.App. 5 Cir. 489, 2014 La. App. LEXIS 2984, 2014 WL 7184409
CourtLouisiana Court of Appeal
DecidedDecember 16, 2014
DocketNo. 14-CA-489
StatusPublished
Cited by2 cases

This text of 166 So. 3d 278 (Soniat v. Crown Buick & Risk Management Services) 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
Soniat v. Crown Buick & Risk Management Services, 166 So. 3d 278, 14 La.App. 5 Cir. 489, 2014 La. App. LEXIS 2984, 2014 WL 7184409 (La. Ct. App. 2014).

Opinion

MARC E. JOHNSON, Judge.

|2In this workers’ compensation case, the employer, Crown Buick Pontiac GMC Truck, and Risk Management Services (collectively “Crown Buick”) appeal the trial court’s judgment awarding Claimant penalties and attorney fees on the basis they failed to reasonably controvert Claimant’s need for epidural steroid injections [280]*280(ESIs). For the reasons that follow, we affirm.

In the appeal before us, it is undisputed that Claimant, James Soniat, suffered a work-related back injury on February 16, 2012, while employed as an auto technician with Defendant, Crown Buick. In particular, Claimant was injured when he attempted to push a vehicle that he was repairing back onto a jack from which it had slipped. Crown Buick has paid workers’ compensation benefits to Claimant from the date of the accident through the present.

On August 28, 2013, Claimant filed a disputed claim for compensation in the Office of Workers’ Compensation, stating that Crown Buick had refused to approve ESIs recommended by his treating physician, Dr. Michael Zeringue. Claimant sought penalties and attorney fees as a result of Crown Buick’s repeated | .^refusals to approve the recommended medical treatment. After Claimant filed his disputed claim, Crown Buick requested an independent medical examination, which was scheduled by the court with Dr. Ralph Katz. Dr. Katz examined Claimant on December 11, 2013, and issued a report on the same day stating that he agreed that ESIs were warranted.

The matter came for trial on March 12, 2014. At the beginning of trial, the parties stipulated that Crown Buick had approved the ESIs for Claimant based on Dr. Katz’s report. Thus, the only issue for trial was whether Claimant was entitled to penalties and attorney fees for Crown Buick’s initial refusal to approve the requested medical treatment. Upon agreement of the parties, no live testimony was presented; instead, various exhibits were introduced, including Claimant’s medical records from his treating physicians. The trial court took the matter under advisement and rendered judgment on March 27, 2014. In its judgment, the trial court found that Claimant was entitled to the ESIs and that Crown Buick failed to reasonably controvert Claimant’s entitlement to the injections. As such, the trial court awarded Claimant penalties in the amount of $6,000 and attorney fees in the amount of $8,000. Crown Buick appeals the award of penalties and attorney fees.

The record shows that Claimant was seen by Dr. Lee Moss, an orthopedist, on May 1, 2012 with complaints of low back and right leg pain. Dr. Moss examined Claimant and opined that he suffered from a lumbar disc herniation. He prescribed Vicodin, a Medrol Dosepak and Lodine, and ordered a lumbar MRI. An MRI was performed on May 5, 2012, and showed a broad-based disc herniation at L4-5 with facet degeneration of L4-5 and L5-S1. During a follow-up visit on May 15, 2012, Dr. Moss noted that Claimant did not obtain relief from the Medrol Dosepak or Lodine and that he continued with right leg pain. On examination, Dr. |4Moss observed that Claimant had limited motion with low back pain. At that time, Dr. Moss recommended three lumbar ESIs.

Dr. Moss next saw Claimant two months later, on July 12, 2012, at which time Claimant relayed that he was not getting any better and was probably getting worse. He complained of low back and right leg pain. Dr. Moss noted that Claimant was now walking with a limp, had a tender sciatic notch, and positive straight leg raise maneuver on the right. Dr. Moss noted that the workers’ compensation carrier had denied the previously recommended ESIs on June 5, 2012.1 Dr. [281]*281Moss’ medical notes state that he ordered the injections because Claimant was having too much pain to undergo physical therapy. He explained that he believed it was more prudent to try to reduce the pain so Claimant could undergo physical therapy in order to rehabilitate his condition and hopefully return to work. Dr. Moss reordered the ESIs and continued Claimant on Vicodin and Lodine.

Claimant returned to Dr. Moss on September 11, 2012, complaining of sharp pain in the left rib area after sustaining a fall when his right leg gave way. Dr. Moss determined Claimant’s fall was directly related to the giving way of his right leg, which was secondary to his low back injury. Dr. Moss again noted that the workers’ compensation carrier had denied the ESIs. As a result of his treatment plan being denied, Dr. Moss indicated that he was no longer able to render care to Claimant and referred him to a spine surgeon.

Approximately one month later, in October 2012, Claimant saw Dr. Alexis Wag-uespack, an orthopedic surgeon, with continued low back pain made worse by | ¡¡activity. Dr. Waguespack noted that Claimant had been taking various medications with no relief. She further noted that ESIs recommended by Claimant’s previous doctor had been denied twice by the workers’ compensation carrier. Dr. Waguespack opined that Claimant suffered from a disc bulge, degenerative disc disease and radiculitis. She continued Claimant on his medication and ordered a CT scan and bone scan to evaluate inflammatory changes, both of which were denied by Crown Buick.

In November 2012, Claimant again saw Dr. Waguespack with complaints of continued low back pain that radiated into his right leg and numbness in his left leg. At that time, Dr. Waguespack ordered physical therapy two to three times a week for six to eight weeks. Claimant started physical therapy on January 2, 2013. After 12 visits, he was discharged from physical therapy because he still complained of pain and was not experiencing any improvement.

In February 2013, Claimant returned to Dr. Waguespack again complaining of low back pain radiating down his right leg and numbness in his left leg. Dr. Waguespack noted that Claimant had not benefitted from physical therapy, and that he complained physical therapy had worsened his symptoms. As a result, Dr. Waguespack referred Claimant to Dr. Michael Ze-ringue, in pain medicine, and discussed possible surgery if Claimant did not improve with ESIs. In a follow-up visit to Dr. Waguespack on June 27, 2013, Claimant relayed that Crown Buick had approved the consultation with Dr. Zeringue for ESIs.

Claimant saw Dr. Zeringue on July 31, 2013 with complaints of severe low back pain, bilateral leg pain, and weakness in both legs. Dr. Zeringue noted that Claimant had tried physical therapy with no relief and recommended an ESI. Specifically, Dr. Zeringue recommended one ESI to see how Claimant responded. Crown Buick denied this requested ESI on August 9, 2013, specifically noting that | fithere was no evidence Claimant was suffering from radiculopathy. Because the recommended ESI was denied, Dr. Ze-ringue referred Claimant back to Dr. [282]*282Waguespack. Claimant returned to Dr. Waguespack on August 19, 2018, at which time Dr. Waguespack again recommended ESIs, increased Claimant’s medication, and discussed surgery if Claimant did not improve with the injections.

On August 23, 2013, Claimant appealed Crown Buick’s August 9, 2013 denial of the ESI to the Office of Workers’ Compensation Medical Director pursuant to La. R.S. 23:1203.1. Two days later, the Medical Director denied the requested treatment on the basis the required medical documentation had not been submitted. Claimant filed the instant disputed claim two days later.

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Related

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Bluebook (online)
166 So. 3d 278, 14 La.App. 5 Cir. 489, 2014 La. App. LEXIS 2984, 2014 WL 7184409, Counsel Stack Legal Research, https://law.counselstack.com/opinion/soniat-v-crown-buick-risk-management-services-lactapp-2014.