Stelly v. Guy Scroggins, Inc.

682 So. 2d 782, 96 La.App. 3 Cir. 0401, 1996 La. App. LEXIS 2377, 1996 WL 577167
CourtLouisiana Court of Appeal
DecidedOctober 9, 1996
Docket96-401
StatusPublished
Cited by13 cases

This text of 682 So. 2d 782 (Stelly v. Guy Scroggins, 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
Stelly v. Guy Scroggins, Inc., 682 So. 2d 782, 96 La.App. 3 Cir. 0401, 1996 La. App. LEXIS 2377, 1996 WL 577167 (La. Ct. App. 1996).

Opinion

682 So.2d 782 (1996)

Joseph T. STELLY, Plaintiff-Appellant,
v.
GUY SCROGGINS, INC., et al., Defendants-Appellees.

No. 96-401.

Court of Appeal of Louisiana, Third Circuit.

October 9, 1996.
Rehearing Denied November 22, 1996.

*783 Edward J. Milligan, Jr., Lafayette, for Joseph T. Stelly.

Gregory John Laborde, Lafayette, for Guy Scroggins, Inc.

Before DOUCET, C.J. and YELVERTON and PETERS, JJ.

PETERS, Judge.

This is a workers' compensation suit in which Joseph T. Stelly seeks reinstatement of workers' compensation benefits as well as medical expenses, penalties, and attorney fees from his former employer, Guy Scroggins, Inc. (Scroggins), and its insurer, The Gray Insurance Company (Gray Insurance).[1] Stelly sustained an accident and injury which occurred in the course and scope of his employment with Scroggins. The hearing officer rendered judgment in favor of the defendants and dismissed Stelly's claims. Specifically, the hearing officer found that Stelly's condition, ankylosing spondylitis, was not compensable because it was not caused by the accident and that if any injury did occur as a result of the accident, it was of very short duration. Stelly appeals, contending that the hearing officer erred in determining that he did not sustain an injury or that an accident did not occur, that the ankylosing spondylitis was not compensable, and that no further compensation benefits were due.

DISCUSSION OF RECORD

The parties stipulated that on September 21, 1993, Stelly was employed by Scroggins as a laborer and that while in the course and scope of his employment, he suffered an accident and injury. They further stipulated that Gray Insurance paid weekly compensation benefits to Stelly until December 22, 1993, at which time benefits were terminated based on reports submitted by Dr. Clifton W. Shepherd, a Lafayette, Louisiana orthopedic surgeon. At trial, Stelly testified that he slipped and fell while he and another employee were carrying a pump. He testified that *784 immediately thereafter, "[i]t felt like it got hot" in his lower back. Stelly did not immediately seek medical attention but continued to work for the rest of his shift. According to Stelly, his condition worsened that evening and he sought medical attention at the Opelousas General Hospital emergency room. His complaints at the hospital that night included burning and stiffness. He was diagnosed as having muscle strain in his right shoulder but was not admitted.

Two days later, on September 23, 1993, Stelly saw Dr. Emile K. Ventre, an Opelousas, Louisiana general practitioner. Stelly presented Dr. Ventre with complaints of pain in the lumbosacral area, running up to his neck. Dr. Ventre noted that there was some muscle spasm but that it was not severe. Dr. Ventre testified that Stelly only allowed thirty degrees flexion of his back and that he had poor motion in all directions. Additionally, Stelly had seventy-five percent of the normal range of motion in his neck. Dr. Ventre x-rayed the cervical, thoracic, and lumbar areas of Stelly's spine. The X-rays were negative for any bony abnormalities. Dr. Ventre's tentative diagnosis was cervical and lumbar sprains. However, he testified that he also found a significant psychological overlay. Under Dr. Ventre's supervision, on October 22, 1993, Stelly underwent a CAT scan of the lumbar spine, and on October 29, 1993, he underwent an MRI of the cervical spine. Both tests were normal. Stelly saw Dr. Ventre on eight occasions after the initial visit through December 9, 1993. Dr. Ventre was of the opinion that Stelly had a "good bit" of psychological overlay and that Stelly tended to exaggerate all of his complaints.

On November 30, 1993, Stelly saw Dr. Shepherd at the request of Gray Insurance. Stelly presented Dr. Shepherd with complaints of back pain and pain radiating from his back into his neck. Dr. Shepherd observed a left-sided limp but felt this to be exaggerated behavior. On examination, the doctor found no muscle spasm, and a neurological examination failed to show any neurological deficit. X-rays of Stelly's neck and back were also normal. A second MRI was performed under the direction of Dr. Shepherd, and the doctor reviewed a prior CAT scan. In Dr. Shepherd's opinion, both were normal. On December 23, 1993, Dr. Shepherd again saw Stelly. Based on his examinations and the fact that three months had passed since the accident, Dr. Shepherd concluded that Stelly could be released from care without restriction. The defendants terminated workers' compensation benefits based on Dr. Shepherd's reports. Thereafter, Dr. Ventre also discharged Stelly from his care.

However, this was not the end of Stelly's complaints. On January 12, 1994, he again went to the Opelousas General Hospital emergency room, this time complaining of severe pain in his back. An examination at the hospital revealed that he was suffering from spasm of the lower lumbar paraspinal muscle.

On February 17, 1994, Stelly saw Dr. Louis C. Blanda, Jr., another Lafayette, Louisiana orthopedic surgeon. Stelly presented Dr. Blanda with complaints of pain in his neck and back. Upon examination, Dr. Blanda found pain with range of motion, stiffness in the back and neck, mild pain with a straight leg raising test, and some tenderness in the back and along the left S-1 joint. X-rays of Stelly's neck and back appeared normal at that time. Dr. Blanda's impression was that Stelly suffered from some type of muscular pain syndrome. However, he found no objective signs of any injury and no muscle spasm in the neck and back on that day. Additionally, he found nothing in his examination of the prior CAT scan and MRI's that caused him to disagree with the prior interpretation by the radiologists that the tests were negative for both a herniated disk and stenosis. He recommended a course of physical therapy.

Stelly saw Dr. Blanda again on March 17, 1994. On this exam, Stelly demonstrated spasm in his neck and lower back. A myelogram was subsequently performed, which yielded normal results. On April 21, 1994, Stelly again saw Dr. Blanda and again had muscle spasm in his neck and back.

On May 16, 1994, Stelly returned to Dr. Shepherd with complaints similar to those made in the previous visits. Dr. Shepherd's *785 examination revealed physical findings similar to those made in the two previous visits as well. Dr. Shepherd felt Stelly's behavior was exaggerated. By this time, Stelly had undergone cervical and lumbar myelograms and post-myelogram CAT scans, which were all basically normal, and Dr. Shepherd's opinion remained unchanged.

Stelly saw Dr. James R. Lafleur, a Lafayette, Louisiana orthopedist, for an independent medical examination. In his report of July 11, 1994, Dr. Lafleur stated that "[i]n view of the fact that the patient has in essence a normal physical examination as well as normal investigative studies, I would recommend that he return to his preinjury work duties."

On August 2, 1994, Stelly saw a chiropractor. According to Stelly, the chiropractor treated him for a period of time but the treatment did not help.

On October 20, 1994, Stelly saw Dr. Scott A. Gammel, a Lafayette, Louisiana specialist in anesthesiology and pain medicine. This consultation and examination arose as a result of a referral from a Dr. Chiriboga. Dr. Gammel found muscle spasm along the entire spine as well as tenderness over the interspinous region and on the cervical, thoracic and lumbar areas of the spine.

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Bluebook (online)
682 So. 2d 782, 96 La.App. 3 Cir. 0401, 1996 La. App. LEXIS 2377, 1996 WL 577167, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stelly-v-guy-scroggins-inc-lactapp-1996.