Theriot v. Aquatron International, Inc.

542 So. 2d 556, 1989 La. App. LEXIS 491, 1989 WL 26188
CourtLouisiana Court of Appeal
DecidedMarch 15, 1989
DocketNo. 88-CA-765
StatusPublished

This text of 542 So. 2d 556 (Theriot v. Aquatron International, 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
Theriot v. Aquatron International, Inc., 542 So. 2d 556, 1989 La. App. LEXIS 491, 1989 WL 26188 (La. Ct. App. 1989).

Opinion

WICKER, Judge.

Aquatron International, Inc. and its insurer, National Union Fire Insurance Company, appeal a judgment awarding the plaintiff, Harold Theriot, worker’s compensation benefits and medical expenses. The issues are the extent and permanency of Theriot’s disability and the effect of Theri-ot’s present employment on his rate of compensation. We affirm.

Theriot, age 55, worked as a laborer for Aquatron and hurt his left lower abdomen doing heavy lifting on November 15, 1985. Thirty years earlier he had injured his back in an automobile accident, resulting in a spinal fusion; however, Theriot apparently had no residual pain or disability from this injury. Theriot sought medical advice for his injury and was diagnosed as having an “inguinal hernia,” which “hernia” was repaired surgically on November 21, 1985. He continued to complain of pain, however, and saw several specialists over the next few months. Theriot was released to return to work on May 12, 1986, but did not do so. On August 22, 1986, he had a second surgery to release “trapped nerves,” a result of his “hernia” surgery, in the groin area.

Theriot returned to work intermittently October 3, 1986, having received worker’s compensation from November 16, 1985, through October 3, 1986. He filed suit for compensation on March 12,1987; Aquatron laid him off on April 24, 1987.

The trial judge awarded Theriot compensation at the rate of $146.66 per week “until further orders of the Court”; ordered that accrued amounts since October 3, 1986, be paid in a lump sum including interest, subject to a credit for any compensation previously paid; and ordered payment of all past and future medical, surgical, or hospital expenses attributable to Theriot’s injury. In his reasons the trial judge noted the disagreement among the various physicians who either treated or examined Theriot. He concluded that “at the time of termination of workmen’s compensation benefits, plaintiff could not perform his duties because of an injury received in connection with his employment.” Aquatron and National Union suspensively appealed the judgment; and Richard A. Weigand, Theriot’s trial attorney, intervened in this appeal for his expenses and attorney’s fees.

[558]*558EXTENT AND PERMANENCY OF DISABILITY

Theriot denied ever complaining about groin pain but testified that his complaint was about his stomach. His back didn’t hurt originally; but eventually he had pain in his hip, spine, and legs. His two surgeries, a hernia operation and surgery to repair the damage from the first operation, didn’t help, so the insurance compnay sent him to other doctors. He testified that he had no other auto or work accidents between his spinal fusion in 1955 and his on-the-job injury and that he worked every day in that thirty-day period.

All medical evidence was submitted on records, depositions, and reports, with counsel stipulating to their admissibility and authenticity, but not necessarily to their contents.

Theriot’s surgeon operated on him shortly after the accident. He found a tender mass in the left inguinal region and removed, not a true hernia, but a false hernia or lipoma (fat). Because Theriot continued to complain of pain, he injected him with xylocaine, which failed to produce relief.

This was strange and indicated to me the possibility that the original pain (and the present pain) were unrelated to the lipo-ma and to the surgery. Another confusing sign then occurred when he identified similar pain in the opposite groin, also not relieved when the left nerve was blocked.

The surgeon reoperated for the relief of trapped nerve syndrome, but the nerves and previous repair work were found to be normal. He concluded,

It is possible, but not provable now, that all of his pain originates in and is referred from the old spinal condition. I believe the lipoma hernia could have been related to work stress.

Over the next two years, Theriot saw among others a neurologist, a neurosurgeon, and another general surgeon, none of whom were able to precisely diagnose the reason for his continued pain. He was treated for various possible conditions without success and was prescribed various medications, including antibiotics, Dilantin, Sinequan, Novocaine, Cortisone, Tegretol, and Elavil. Generally, tests were normal; but a CT scan did reveal a bulge at LB-4, above his old fusion at L4-5. One surgeon began to suspect that Theriot’s pain was caused by referred pain from the lower back, although he found no objective symptoms of back disease.

Theriot’s present physician, a specialist in orthopedic surgery limited to the spine, did further studies and found advanced degeneration of L3-4, with complete collapse of the disk, spur formation, and overgrowth of joints. He related Theriot’s L3-4 symptoms to the history of onset of pain he experienced when lifting in 1985. No further treatment was undertaken, although diagnostic studies and surgery were recommended, because National Union refused to pay for it.

A final specialist, an orthopedic surgeon specializing in the hand, was consulted following trial, with the record held open for this additional opinion. He found degenerative disk disease at L3-4.

Both doctors who expressed an opinion on disability found Theriot to be disabled in his present condition. One felt that, even with a successful repair, he would only be able to do light work or work in a supervisory capacity.

Paul Jones

He is an adjuster and claims supervisor for American International Adjustment Company. He was the third adjuster who worked on Theriot’s file. He didn’t pay further benefits to Theriot or medicals for LaRocca’s recommended surgery because he felt LaRocca’s recommendations were inconsistent with the nature of Theriot’s injury. He relied on Logan’s report: “It is possible but not probable now that all of his pain originates in and is referred from the old spinal condition [sic].” The insurance company sent Theriot to or authorized him to see seven doctors; it did not authorize him to see Miller and LaRocca because Theriot had already exercised his choice of doctors.

All medical evidence was submitted on records, depositions, and reports, with [559]*559counsel stipulating to their admissibility and authenticity, but not necessarily to their contents.

Michael F. McSween, M.D.

The reports of this family practitioner were entered into evidence. McSween first saw Theriot on November 18, 1986 [1985], and referred him to a surgeon. He saw him again on March 4, 1986 with complaints of pain in the area of the incision, lower left abdominal pain, and pain in both testicles. McSween prescribed anti-depressant medication. He referred Theriot to a urologist who treated Theriot with antibiotics for prostatitis and a neurologist who prescribed new medicine.

We find sufficient support in the medical evidence for the trial judge’s conclusion that Theriot was disabled from doing his job due to an injury received in connection with his employment. Although some of the evidence is contradictory, it is evident that his “hernia” and subsequent “trapped nerve” were not the cause of Theriot’s pain. The only other suggested cause is his thirty-year-old back injury. Theriot’s testimony that this old injury was asymptomatic was unrebutted, and the fact that Theriot had worked as a laborer without incident for the last thirty years is additional evidence in his favor.

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Bluebook (online)
542 So. 2d 556, 1989 La. App. LEXIS 491, 1989 WL 26188, Counsel Stack Legal Research, https://law.counselstack.com/opinion/theriot-v-aquatron-international-inc-lactapp-1989.