Thomas v. IRVING PLACE REHAB. CARE CENTER

771 So. 2d 820, 2000 WL 1634249
CourtLouisiana Court of Appeal
DecidedNovember 1, 2000
Docket34,064-WCA
StatusPublished
Cited by4 cases

This text of 771 So. 2d 820 (Thomas v. IRVING PLACE REHAB. CARE CENTER) 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
Thomas v. IRVING PLACE REHAB. CARE CENTER, 771 So. 2d 820, 2000 WL 1634249 (La. Ct. App. 2000).

Opinion

771 So.2d 820 (2000)

Toni L. THOMAS, Plaintiff-Appellant-Appellee,
v.
IRVING PLACE REHABILITATION CARE CENTER, Defendant-Appellant-Appellee.

No. 34,064-WCA.

Court of Appeal of Louisiana, Second Circuit.

November 1, 2000.

*821 Toni L. Thomas, Appellant/Appellee in proper person.

Robert A. Dunkelman, Shreveport, Counsel for Appellant/Appellee Irving Place Rehabilitation Care Center and Travelers Property Casualty.

Before WILLIAMS, GASKINS and PEATROSS, JJ.

*822 WILLIAMS, J.

The claimant, Toni L. Thomas, filed this workers' compensation action against Irving Place Rehabilitation Care Center ("Irving Place") and its insurer, Travelers Property Casualty ("Travelers"), contending that she sustained a back injury while in the course and scope of her employment with Irving Place. The worker's compensation judge ("WCJ") found that claimant had sustained a work-related injury, but denied Thomas' claim for medical "treatment as recommended by Drs. Tarvin and Blair." The WCJ further ordered that defendants pay for claimant's psychological testing, and that each party bear its own costs. Both parties have appealed. For the following reasons, we affirm the judgment.

FACTS AND PROCEDURAL HISTORY

On June 28, 1998, Toni Thomas, a certified nursing assistant at Irving Place, injured her back while lifting and transferring a 300-pound patient from a wheelchair to place her in a bed. The defendant initially paid Thomas indemnity benefits of $126.37 per week. On January 12, 1999, Irving Place terminated the claimant's benefit payments.

At the time of her injury, Thomas was lifting and transferring the patient when Thomas heard a pop and felt a pinch in her back. Thomas immediately went to the nurse on staff at Irving Place and told her what had happened. Because the nurse was unable to find the administrator or head nurse, the nurse wrote an accident report of the incident. The next day, after talking to Thomas about the injury, the head nurse apparently sent Thomas to Dr. James Dossey, an occupational medicine specialist.

Dr. Dossey's initial diagnosis was a lumbar strain of the lower back, and noted that his examination revealed tenderness in the claimant's spinal region. The claimant testified that Dr. Dossey merely came into the room and looked at her, wrote her a prescription and sent her home. No physical therapy was ordered for the claimant. Dr. Dossey's notes show, and the claimant testified, that Dr. Dossey recommended physical therapy for Thomas. The claimant was released to return to light-duty work only, with restrictions on lifting and moving patients. When Thomas returned to work on the following work day, she was told that there was no light-duty work and she was sent home. Claimant was instructed not to return to work until she was 100% better.

On July 3, 1998, Dr. Dossey again examined the claimant. During this visit, the claimant complained of numbness in both legs. Dr. Dossey diagnosed lumbar strain and left SI joint strain, although he had no explanation for the numbness. He again released the claimant with restrictions on lifting and moving patients. The claimant testified that she continuously complained to Dr. Dossey of pain and a tingling numbness that he never addressed. Still, the claimant was not given any physical therapy.

During the claimant's third visit, Dr. Dossey conducted a clinical examination of Thomas and ordered radiographic studies (x-rays) of Thomas' lumbosacral spine. During this visit, claimant also complained of pain and numbness in her left leg. Dr. Dossey's reiterated his diagnosis that claimant had lumber strain and some intermittent left leg symptoms. The x-rays revealed disc space narrowing at L5-S1, facet sclerosis at the L5-S1 level, and a possible spondylolysis bilaterally at L5. The findings of the clinical examination were normal. Dr. Dossey again released the claimant with the same restrictions on lifting or carrying patients.

During claimant's fourth visit, Dr. Dossey noted complaints of bilateral numbness of both legs. However, he maintained his previous diagnosis of lumbar strain. There were no objective findings of spasm or any neurological findings. During this visit, Dr. Dossey became concerned with the non-organic (non-physical and non-physiological) *823 complaints of pain. Dr. Dossey wrote a note on claimant's behalf restricting her lifting to objects under 10 pounds, with no bending and stooping.

On Thomas' fifth and final visit, on August 21, 1998, Dr. Dossey opined that the claimant still had lumbar strain, but that it was slowly improving. Dr. Dossey noted that the claimant "could probably increase to medium [duty] work," but she should still avoid lifting more than 50 pounds and carrying objects that weighed more than 25 pounds. Dr. Dossey opined that claimant still needed to undergo physical therapy. Further, he found that the claimant's physical condition would need to improve before she could safely return to her regular work activities, which included transferring and assisting the nursing home residents.

On September 17, 1998, the claimant was examined by Dr. Kerry Tarvin and a Dr. Blair, chiropractors at First Choice Medical Clinic. Thomas complained of severe sharp pain in her lower back and leg, with weakness and numbness of a level seven on a scale of one to ten for hip pain, and ranging from four to seven for leg pain. Dr. Tarvin diagnosed Thomas as having sub-acute lumbalgia caused by lumbar sprain and strain, with associated radicular pain and hypesthesia to the left leg, complicated by lumbar disc lesion. Dr. Tarvin concluded that claimant's injuries were a result of the June 28, 1998 work-related accident. Thereafter, Dr. Tarvin ordered an MRI of the lumbar area, which results were unremarkable and within normal limits.

On October 1, 1998, Dr. Tarvin wrote a letter to Travelers informing the insurance company that the claimant needed neurological testing to determine the site of the impingement or injury. Dr. Tarvin referred the claimant to Dr. Karl Bilderback for an examination and treatment.

The claimant contacted Donna Mares at the insurance company and requested approval to see Dr. Bilderback. According to the claimant, the insurer initially approved her consultation with Dr. Bilderback; however, the insurer later stated that claimant was not authorized to see Dr. Bilderback. Instead, the claimant was sent to Dr. Lewis Jones, an orthopedic specialist. According to claimant, the insurance company also informed her that she was not authorized to see Dr. Tarvin again. The claimant did not see Dr. Bilderback.

On November 18, 1998, Dr. Lewis Jones saw the claimant at the request of the insurer. The claimant testified that Dr. Jones did not examine her, but merely asked her some questions and referred her to Dr. David Adams. However, Dr. Jones testified that he examined the claimant, and his medical records support his testimony.

Dr. Adams began an EMG/NCV test on the claimant. Although he could not examine her lumbar paraspinal muscles due to her weight, he found no electrodiagnostic evidence of problems in either of her lower extremities. Thereafter, Dr. Adams sent claimant to Paul Procell, an occupational therapist. Procell performed a functional capacity evaluation and opined that the claimant was presenting gross symptom magnification.

By January 5, 1999, Dr. Jones was unable to find any objective reasons for claimant's complaints of pain and released the claimant to return to work. However, Dr. Jones recommended that Thomas receive psychological testing. Dr.

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771 So. 2d 820, 2000 WL 1634249, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thomas-v-irving-place-rehab-care-center-lactapp-2000.