Taylor v. Garrett

682 So. 2d 831, 1996 WL 626206
CourtLouisiana Court of Appeal
DecidedOctober 30, 1996
Docket28729-CA
StatusPublished
Cited by12 cases

This text of 682 So. 2d 831 (Taylor v. Garrett) 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
Taylor v. Garrett, 682 So. 2d 831, 1996 WL 626206 (La. Ct. App. 1996).

Opinion

682 So.2d 831 (1996)

Willie Mae TAYLOR, Plaintiff-Appellee,
v.
Dr. H.F.M. GARRETT, Defendant-Appellant.

No. 28729-CA.

Court of Appeal of Louisiana, Second Circuit.

October 30, 1996.

*833 Patricia Barfield, Shreveport, for Defendant-Appellant.

C. Daniel Street, Monroe, for Plaintiff-Appellee.

Before MARVIN, BROWN and GASKINS, JJ.

MARVIN, Chief Judge.

In this workers' compensation action, Morehouse Medical Center and Louisiana Workers' Compensation Corporation appeal the WCHO's awards of temporary total disability, permanent partial disability and supplemental earnings benefits, vocational rehabilitation services, penalties and attorney fees to Willie Mae Taylor, who injured herself in the course and scope of her employment when she burned her hand attempting to extinguish a flaming pot of potpourri wax.

We affirm all awards other than for 25 "additional" weeks of permanent partial disability benefits, which were the subject of a later workers compensation action related to Ms. Taylor's disfigurement.

FACTS

Taylor was a full time employee of Morehouse Medical Center, Dr. H.F. Garrett's "clinic." She also worked one day a week at the home of Dr. and Mrs. Garrett. In addition to general cleaning and housekeeping, Taylor's duties at the clinic included taking patients' blood pressure and temperatures, performing some tests such as urinalysis dip stick, assisting with pap smears, helping patients, setting up instrument trays for medical procedures and handling supplies. On Wednesdays, at Dr. Garrett's home, she cleaned, cooked and attended to laundry. At both jobs, she was paid by the hour and usually earned some overtime pay. She was paid each week by a check written on the clinic's account. The amount of her wages and benefits are not disputed.

On December 8, 1993, while cleaning Dr. Garret's home, Taylor attempted to extinguish a flaming pot of potpourri wax burning on the stove. She sustained second and third degree burns to her right hand. The burns were to the palm of the hand, the volar base of the fingers and to the radial side of the thumb on the dorsum of the thumb. The litigants agree that Taylor's accident was in the course and scope of her employment.

After initially treating her, Dr. Garret referred Taylor to a plastic surgeon, Dr. Timothy Mickel. Dr. Mickel found a severe skin injury, but no injury to the motor nerves. Sensory nerve damage, however, caused or contributed to the pain Taylor suffered.

On January 11, 1994, Dr. Mickel performed surgery, executing a debridement of the wound and applying a split thickness skin graft to the back of Taylor's hand, the donor site for the graft being on the back of her thigh. There were no complications and Dr. Mickel noted a 100 percent take of the graft on January 17, 1994.

On January 30, 1994, Dr. Mickel suggested that Taylor begin vigorously and aggressively moving her hand to avoid stiffness, instructing her to squeeze a sponge 200 times a day.

On February 25, 1994, due to concerns that Taylor was not adequately moving her hand and fear of increased stiffness, Dr. Mickel scheduled physical therapy. On March 4, 1994, he noted that Taylor's hand was very stiff and it was evident that she could not squeeze the sponge as directed.

Taylor's range of motion in her hand did not increase as Dr. Mickel thought it should. Other parts of her hand, affected by lack of use, atrophied and stiffened. While the stiffened joints were not near the burned area of her hand and were an "unusual consequence," Dr. Mickel opined that Taylor's stiff joints and pain were directly related problems, both being an indirect effect of the injury.

The skin graft on Taylor's hand thickened around the edges because of exuberant scar tissue or fibrous tissue, which made the graft stiff. Dr. Mickel became concerned about Taylor's slow progress.

On March 11, 1994, after a week of formal physical therapy, Taylor's range of motion improved but she still had significant stiffness in both the large and small joints of *834 her hand. On March 18, 1994, Taylor's hand remained very stiff. Dr. Mickel recommended more or "particularly aggressive" physical therapy, hoping that Taylor could "make up some lost ground" and get her function back to normal.

Dr. Mickel felt on March 25, 1994 that Taylor's hand showed some continued improvement. Dr. Mickel found that Taylor still could not completely extend her fingers or flex the joints between her fingers and hand. Taylor continued physical therapy, up to five hours a day at one point, but her progress was "slow."

After the therapist opined that Taylor had achieved as much benefit as she was going to achieve from therapy, Dr. Mickel released Taylor to return to work with no restrictions on June 3, 1994.

On June 2, 1994, Dr. J. Lee Etheredge, a board-certified orthopedic surgeon, examined Taylor. He found residual stiffness in her hand, fingers and thumb, along with weakness in the upper arm due to disuse. However, he felt that Taylor could return to her job as a physician's assistant and "see if she could tolerate this well," stating that she may have to modify her work activity.

On June 6, 1994, based upon the recommendations of Dr. Mickel and Dr. Etheredge, Taylor returned to her job at the clinic. However, she was unable to perform most of her former duties because of pain and swelling in her hand.

Mrs. Garrett, the office manager of the clinic, testified that she sent Taylor home because Taylor complained that she could not perform all of her job duties and was holding her hand and crying in the presence of patients. Dr. Garrett testified that he noticed that Taylor was in a lot of pain after she returned to the clinic. He questioned her release to return to full duty because many of her duties required considerable manual dexterity.

Dr. Garrett told Taylor that she must be able to do all of her previous job duties if she wanted to come back to work for him.

Dr. and Mrs. Garrett corroborated Taylor's testimony about her not being able to do her job. Dr. Garrett affirmed that he told Taylor that she needed to "fill the tasks that she had been fulfilling" or she should "make other arrangements." He also testified that he told Taylor that she should go back to the people who released her to work and tell them that she could not do it. Mrs. Garrett testified that Taylor was not "useful" to the clinic if she could not perform her regular, pre-injury duties. She also confirmed that Taylor complained of pain when she tried to come back to work, testifying that Taylor told her that it felt like ants were stinging her hand.

Taylor was paid temporary total disability benefits from the date of her injury until Dr. Mickel released her to return to work. Her benefits were not reinstated after her unsuccessful attempt to return to work for two days.

On July 1, 1994, Dr. Mickel referred Taylor back for further rehabilitation, wanting a thorough functional assessment comparing her injured hand to her normal hand. Dr. Mickel's records do not indicate whether this was undertaken or accomplished.

Dr. Mickel continued to treat Taylor through August of 1994. In July, he noted that the skin graft donor site on her thigh was unusually tender, thick and hypertrophic. Her fingers were still stiff and Dr. Mickel felt that she may have reached a "plateau" in her recovery, noting that she had not achieved full function after lengthy physical therapy. Dr.

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

Related

Brown v. Guide Corporation
956 So. 2d 808 (Louisiana Court of Appeal, 2007)
Harper v. CASINO
942 So. 2d 589 (Louisiana Court of Appeal, 2006)
Hawthorne v. Gilbane/General Motors Corp.
889 So. 2d 1204 (Louisiana Court of Appeal, 2004)
Royals v. Town of Richwood
880 So. 2d 208 (Louisiana Court of Appeal, 2004)
Johnson v. Johnson Controls, Inc.
873 So. 2d 923 (Louisiana Court of Appeal, 2004)
Mays v. Cross Roofing & Construction
862 So. 2d 1193 (Louisiana Court of Appeal, 2003)
Anthony v. BE & K CONST.
760 So. 2d 608 (Louisiana Court of Appeal, 2000)
Briscoe v. Thero-Kinetics, Inc.
737 So. 2d 177 (Louisiana Court of Appeal, 1999)
Fisher v. Lincoln Timber Co.
730 So. 2d 973 (Louisiana Court of Appeal, 1999)
Harvey v. BE & K CONST.
716 So. 2d 514 (Louisiana Court of Appeal, 1998)
Lee v. Bancroft Bag, Inc.
717 So. 2d 1230 (Louisiana Court of Appeal, 1998)
Hill v. Manpower-Collier Investments
712 So. 2d 560 (Louisiana Court of Appeal, 1998)

Cite This Page — Counsel Stack

Bluebook (online)
682 So. 2d 831, 1996 WL 626206, Counsel Stack Legal Research, https://law.counselstack.com/opinion/taylor-v-garrett-lactapp-1996.