Trahan v. Pelican Homestead

613 So. 2d 785, 1993 La. App. LEXIS 275, 1993 WL 16103
CourtLouisiana Court of Appeal
DecidedJanuary 28, 1993
DocketNo. 92-CA-1387
StatusPublished
Cited by1 cases

This text of 613 So. 2d 785 (Trahan v. Pelican Homestead) 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
Trahan v. Pelican Homestead, 613 So. 2d 785, 1993 La. App. LEXIS 275, 1993 WL 16103 (La. Ct. App. 1993).

Opinion

LOBRANO, Judge.

This appeal arises from a judgment in favor of defendant-appellee, Pelican Homestead and Savings Association and its worker’s compensation insurer, Fidelity and Deposit Company of Maryland, (Fidelity) and against plaintiff-appellant, Glenn Trahan dismissing Trahan’s claim for additional temporary total disability worker’s compensation and other medical benefits for injuries Trahan allegedly sustained during the course and scope of his employment with Pelican.

FACTS:

On February 8, 1989, Trahan and his coworker, Richard Williams, were moving eight (8) refrigerators into various apartments in a three (3) story apartment complex owned by Pelican when he was injured.

Moving the refrigerators consisted of pushing and pulling each refrigerator up a flight of approximately fifty (50) steps to the appropriate floor. Trahan assumed the pushing position below each refrigerator while Williams assumed the pulling position above. During the process of moving the fifth or sixth refrigerator, Williams missed a step causing the weight of the appliance to bear down on Trahan’s arms, hands and shoulders. In an attempt not to lose the refrigerator down the stairwell, Trahan pushed up on the unit with all his strength. As a result, a pain shot into his neck and shoulder area causing numbness in his right arm and hand for approximately five (5) minutes. Williams immediately transported Trahan to the office of Dr. Bryan Bertucci, Trahan’s family physician. Dr. Bertucci examined Trahan and placed him on “no duty” status. Dr. Bertucci diagnosed Trahan as having sustained cervical strain, right upper trapezius strain and thoracic strain.

[787]*787Trahan continued to receive conservative treatment until referred by Dr. Bertucci to Dr. F. Daniel Seltzer, an orthopedic surgeon, who was subsequently approved by Fidelity to be Trahan’s treating physician. Dr. Seltzer examined Trahan on March 3, 1989 for orthopedic evaluation and treatment. Dr. Seltzer found no objective findings to support the severity of Trahan’s continued complaints, no long term disability and no reason for surgical intervention of either the cervical or lumbar areas.

Thereafter, Fidelity suspended all treatment of Trahan. As a private patient, Tra-han then sought treatment with Dr. Henry LaRocca, an orthopedic surgeon on April 24, 1989. Dr. LaRocca continued to treat Trahan through the date of trial. During this interim, Fidelity reinstated Dr. Seltzer as Trahan’s treating physician and also referred him to orthopedic surgeon, Dr. Claude Williams.

Fidelity refused to pay for any medical services or expenses performed by or related to treatment provided by Dr. LaRocca. As a result, Trahan filed a claim with the Office of Worker’s Compensation. Trahan continued to receive temporary total disability benefits up to the date of trial.

Trahan’s claim for the medical benefits in question as well as additional compensation benefits was heard by the Office of Worker’s Compensation on October 8,1990. The administrative hearing officer rendered judgment in favor of Pelican and Fidelity dismissing Trahan’s claims.

Trahan appeals the judgment of the Office of Worker’s Compensation asserting:

1) The trial court erred in not authorizing the continued treatment of Trahan’s cervical condition.
2) The trial court erred in not authorizing the continued treatment of Trahan’s lumbar condition.
3) The trial court erred in not authorizing the continued treatment of Trahan’s carpal tunnel syndrome.
4) The trial court erred in not finding Trahan temporarily totally disabled in the absence of any medical testimony that Trahan could return to work.
5) The trial court erred in not finding Trahan was entitled to supplemental employment benefits pursuant to Louisiana Revised Statute 23:1221(3).
6) The trial court erred in not ordering defendants to pay the additional medical bills of Dr. Henry LaRocca, Dr. Daniel Trahant, the Radiology Consultants of New Orleans, New Orleans Radiology Group and other unpaid prescription charges.
7) The trial court erred in not awarding Trahan $267.00 in back compensation for the initial week of disability.

MEDICAL TESTIMONY ADDUCED AT THE HEARING:

DR. BRYAN BERTUCCI:

Dr. Bertucci testified that he had treated Trahan for various neck injuries in November, 1983, February, 1984, October, 1985, July, 1988 and August, 1988. Dr. Bertucci testified that in November, 1983, Trahan was placed on light duty work status because of neck problems. In addition, Tra-han sustained acute cervical strain and severe spasm in February, 1984 and May, 1984, respectively.

After August, 1988, the next time Dr. Bertucci saw Trahan was on February 8, 1989, the day of the accident. The physical examination showed tenderness in the upper trapezius and cervical spine area at the C-3 through C-7 levels. Trahan did not complain of lumbar pain at this time. Instead, his complaints were limited to cervical spine, upper trapezius and thoracic spine, T-2 thru T-6. The only objective sign of injury that Dr. Bertucci found on February 8, 1989 was muscle spasm in the right upper trapezius muscle.

Dr. Bertucci continued to treat Trahan conservatively and ordered that an MRI and EMG be conducted. On March 14, 1989, the MRI showed degenerative disc disease at the C4/C5 and C5/C6 levels with right lateral spinal stenosis at the C-5/C-6 level. No impingement of the spinal cord was detected. In addition, there were marginal osteophyte formations at the same levels which Dr. Bertucci stated suggests [788]*788arthritic type changes. The results of the EMG were normal.

Dr. Bertucci testified that a normal recovery period for an injury of the type suffered by Trahan is anywhere from six (6) weeks to three (3) months. However, Dr. Bertucci stated that Trahan’s cervical osteoarthritis could affect the length of his recovery.

In addition, Dr. Bertucci noted that several intervening aggravating incidents would also affect the length of rehabilitation. These incidents included a burn to his arm, back strain caused when he stepped into a hole while walking to church and a neck injury sustained while serving as a pallbearer.

Dr. Bertucci’s final diagnosis of March 21, 1989 was cervical strain, right upper trapezius strain with spasm, degenerative disc disease with right lateral spinal steno-sis and thoracic strain. There was no diagnosis of carpal tunnel syndrome.

Since Trahan continued to complain beyond the expected period of recovery Dr. Bertucci referred Trahan to Dr. F. Daniel Seltzer in March, 1989, for a possible mye-logram to evidence any undiscovered problems.

Dr. Bertucci testified that as of his last visit with Trahan on March 21, 1989, there were no restrictions or limitations to the lumbar spine as “the lumbar spine area was not a significant problem”. Dr. Ber-tucci found no reason to perform a thoracic or lumbar MRI.

Dr. Bertucci last treated Trahan in June, 1990 when he injured his toes while mowing the lawn.

DR. F. DANIEL SELTZER:1

Dr. F. Daniel Seltzer, an orthopedic surgeon, first treated Trahan in March, 1983 following an automobile accident. Trahan complained of back and neck pain with occasional headaches.

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613 So. 2d 785, 1993 La. App. LEXIS 275, 1993 WL 16103, Counsel Stack Legal Research, https://law.counselstack.com/opinion/trahan-v-pelican-homestead-lactapp-1993.