Taylor v. Louisiana-Pacific Corp.

602 So. 2d 48, 1992 La. App. LEXIS 1547, 1992 WL 109795
CourtLouisiana Court of Appeal
DecidedMay 20, 1992
Docket90-1375
StatusPublished
Cited by13 cases

This text of 602 So. 2d 48 (Taylor v. Louisiana-Pacific Corp.) 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. Louisiana-Pacific Corp., 602 So. 2d 48, 1992 La. App. LEXIS 1547, 1992 WL 109795 (La. Ct. App. 1992).

Opinion

602 So.2d 48 (1992)

Leonard Joe TAYLOR, Plaintiff-Appellee,
v.
LOUISIANA-PACIFIC CORPORATION, Defendant-Appellant.

No. 90-1375.

Court of Appeal of Louisiana, Third Circuit.

May 20, 1992.
Rehearing Denied July 13, 1992.

Gold, Weems, Bruser, Sues & Rundell, Peggy St. John, Alexandria, for defendant/appellant.

C. Richard Oren, New Orleans, John Bennett, Marksville, for plaintiff/appellee.

*49 Before DOMENGEAUX, C.J., and COREIL[*] and SALOOM[*], JJ.

JOSEPH E. COREIL, Judge Pro Tem.

In this worker's compensation action, the defendant employer, Louisiana-Pacific Corporation, appeals a judgment finding the claimant, Leonard Joe Taylor, temporarily totally disabled and entitled to worker's compensation benefits and to supplemental earnings benefits. For the reasons assigned below, we affirm as amended.

FACTS

During December of 1986, Leonard Joe Taylor was working for Louisiana-Pacific Corporation as a relief man, operating various pieces of machinery while the regular operators took breaks. On December 16, 1986, Taylor suffered a compensable injury when a machine he was operating ejected a piece of lumber. The lumber struck Taylor, fractured four ribs, punctured a lung, and damaged his spleen and liver. Taylor was taken to the Rapides General Hospital emergency room in Alexandria, Louisiana. Dr. Phillip Lindsay, a general and vascular surgeon, was called in to perform surgery.

As a result, Taylor was hospitalized for twenty-one days. Louisiana-Pacific began paying temporary total disability benefits to Taylor.

After Taylor's discharge, he continued follow-up visits with Dr. Lindsay. On January 29, 1987, Taylor was still complaining to Dr. Lindsay of pain in his right lower chest wall. According to Dr. Lindsay, his pain was "not unexpected." On March 10, 1987, Dr. Lindsay noted that Taylor was "a little reticent to move about," but advised Taylor to try to get back to some normal physical activity, avoiding contact sports and situations. On April 9, Taylor still reported soreness in his chest, so Dr. Lindsay ordered x-rays and blood work. The x-rays showed some scarring which, according to Dr. Lindsay, was expected, but should not have caused Taylor any real trouble. The results of the blood work were normal.

Also, during that visit, Taylor complained of back pain and Dr. Lindsay referred him to an orthopedist, Dr. Donovan Perdue. Dr. Perdue examined Taylor and took x-rays on May 11, 1987. It was his conclusion that Taylor suffered from a back strain. He advised Taylor that the pain would probably persist for a while, but that nothing needed to be done from an orthopedic standpoint. Dr. Perdue found nothing that would require active on-going orthopedic treatment and believed Taylor was capable of performing light duty work. Dr. Perdue's report also indicates that on May 12, 1987, Taylor called his office and stated that he did not get the medication which was prescribed, and would like to seek another opinion. No evidence was produced showing Taylor sought another opinion.

On June 17, 1987, Taylor returned to light duty work for Louisiana-Pacific. He did clean-up work which required him to use a broom and a shovel to scoop up sawdust on the premises. Because of the pain caused by the bending and lifting, Louisiana-Pacific gave Taylor another light duty position. This position involved measuring the length of logs as they roll on a type of conveyor chain. His rate of pay remained unchanged.

On August 5, 1987, Taylor, experiencing pain, left work to seek medical attention at Huey P. Long Memorial Hospital in Pineville, Louisiana. He obtained a work excuse from Dr. Makowski of Huey P. Long Memorial Hospital, which removed him from work status from August 11, 1987, through September 1, 1987. Louisiana-Pacific then set up another appointment for Taylor with Dr. Perdue, but Taylor failed to keep the appointment.

Taylor did not return to Louisiana-Pacific and has not worked for Louisiana-Pacific since August 5, 1987. The only doctor he saw after September 1, 1987, was Dr. Lindsay, his initial treating physician, on September 14, 1987. In his final report dated *50 March 18, 1988, to Gary Ivy, a representative of Louisiana-Pacific Corp., Dr. Lindsay notes that Taylor complained of pains in the groin and the right back, especially when he did any bending and lifting. Dr. Lindsay stated that Taylor:

"had tried to work scaling logs. He told me this required a lot of bending and that he suffered during the day with the pain.... Unfortunately, Mr. Taylor claims that he cannot do this work and this is a difficult thin[g] to measure. At any rate, I honestly do not see any physical reason the patient was not able to do the work as you described it."

In the same report, he noted that he had approved Taylor for unemployment benefits. As a result of this report, Louisiana-Pacific did not pay any further weekly compensation benefits to Taylor, despite his requests to reinstate the compensation benefits.

Taylor drew unemployment compensation benefits from August 30, 1987 to March of 1988. After unemployment benefits ran out, he worked at several jobs during the period between March of 1988 and the date of trial, earning as much as $6.78 per hour and as little as $3.75 per hour.

Taylor filed this suit for worker's compensation benefits on January 20, 1988. In his petition, Taylor alleged that he was entitled to recovery of benefits as provided in La.R.S. 23:1221(2) for total and permanent disability benefits; and, in the alternative, that he is entitled to recover permanent partial disability benefits as set forth in La.R.S. 23:1221(4) or; in the further alternative, supplemental earnings benefits as provided for in La.R.S. 23:1221(3).

ACTION OF THE TRIAL COURT

Trial on the merits was held on May 15, 1990, and the trial court rendered judgment in favor of Taylor as follows:

"IT IS ORDERED, ADJUDGED AND DECREED that:

1. The plaintiff, Leonard Joe Taylor, is temporarily totally disabled from performing the type of work in which he was customarily engaged and is entitled to worker's compensation benefits from August 11, 1987 to date, with legal interest on each payment from the due date until paid.
2. The plaintiff, Leonard Joe Taylor, is entitled to recover supplemental earnings benefits for the periods in which he was subsequently employed with the exception of the period of his employment at Lock & Dam No. 3. Said supplemental earnings benefits are to be calculated at 74% of the difference between the average monthly wage at the time of injury and Mr. Taylor's average monthly wages earned at subsequent jobs. The average monthly wage is to be computed at 4.3 times wages as defined in R.S. 23:1021(10). This right to supplemental earnings benefits shall continue from January 1988 for 520 weeks and are awarded with interest thereon from the due date until paid.
3. The defendant, Louisiana Pacific Corporation, is hereby granted deductions from the supplemental earnings benefits as provided under R.S. 23:1223(B).
4. The plaintiff, Leonard Joe Taylor, is not entitled to temporary total disability or supplemental earnings benefits for any week in which he has, or shall receive unemployment benefits.
5. The claim of the plaintiff, Leonard Joe Taylor, for vocational rehabilitation benefits is denied."

ASSIGNMENTS OF ERROR

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Bluebook (online)
602 So. 2d 48, 1992 La. App. LEXIS 1547, 1992 WL 109795, Counsel Stack Legal Research, https://law.counselstack.com/opinion/taylor-v-louisiana-pacific-corp-lactapp-1992.