Williams v. Jones Truck Lines, Inc.

662 So. 2d 867, 1995 La. App. LEXIS 2721, 1995 WL 638222
CourtLouisiana Court of Appeal
DecidedNovember 1, 1995
Docket27,465-CA
StatusPublished
Cited by8 cases

This text of 662 So. 2d 867 (Williams v. Jones Truck Lines, 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
Williams v. Jones Truck Lines, Inc., 662 So. 2d 867, 1995 La. App. LEXIS 2721, 1995 WL 638222 (La. Ct. App. 1995).

Opinion

662 So.2d 867 (1995)

Louis M. WILLIAMS, Plaintiff-Appellee,
v.
JONES TRUCK LINES, INC., Defendant-Appellant.

No. 27,465-CA.

Court of Appeal of Louisiana, Second Circuit.

November 1, 1995.

*869 John B. Morneau, Vivian, for appellant.

Walter S. Salley, Lunn, Irion, Johnson, Salley & Carlisle, Shreveport, for appellee.

Before WILLIAMS, J., and PRICE and SAVOIE, JJ. Pro Tem.

WILLIAMS, Judge.

In this worker's compensation action, the defendants Jones Truck Lines, Inc. (Jones) and its insurer, GAB Business Services, Inc., appeal a judgment that awarded the claimant, Louis Williams, temporary total disability benefits and medical expenses. For the reasons assigned below, we reverse.

FACTS

Louis Williams was employed as a truck driver for the defendant, Jones. On January 30, 1991, Williams was hauling two trailers in tandem from Shreveport to Houston. He stopped at Jones' terminal in Lufkin, Texas at approximately midnight to drop off and pick up a trailer. Because the terminal was closed for the day, Williams was working alone. After releasing one trailer and hooking up another, he tried to release a dolly that was lodged under the rear trailer. Williams testified that the dolly, also known as a converter gear, is a 2,000 pound steel device, equipped with a braking system and tires. The dolly is designed to carry 40,000 pounds and is used to maneuver the truck trailers. According to Williams, he tugged on the dolly, but it did not move. He then raised the trailer to get the weight off of the dolly gear. When he again grabbed and pulled on the dolly, it sprung out and forcefully struck his left knee, pushing and pinning him back against the lead trailer.

Williams testified that because no one was around to assist him, he pushed the dolly away and drove to a nearby store to use a telephone. He called Dallas and reported his injury, but the Lufkin terminal manager could not be reached. Williams decided to finish hooking up the trailers by himself and continue to Houston. After he dropped off the trailers, he hooked up two more trailers before returning to Shreveport the next morning. A co-employee took Williams to Dr. William Bundrick because of the pain and swelling in his left knee. At that time, Williams did not mention having any back pain. On February 3, 1991, Dr. Bundrick authorized him to return to work as a truck driver. Williams testified that he complained to Dr. Bundrick of back pain on February 8, 1991, during his second visit. Dr. Bundrick did not recall that he was told this information.

On April 3, 1991, Dr. Bundrick noted that Williams was complaining of lower back pain that had begun during the previous two weeks while driving and climbing in and out of the truck. Dr. Bundrick instructed Williams not to return to work because of his back condition and eventually referred him to a neurologist because of continuing complaints of back pain. Dr. Thomas Grahm, a neurosurgeon, examined Williams on June 12, 1991, and felt that Williams had lumbar radiculopathy, possibly resulting from nerve torsion caused by scarring of his previous surgery and the new injury. On June 24, 1991, Dr. Grahm opined that Williams' symptoms and physical findings were consistent with a back injury which could have resulted from the accident at work. Defendants paid the medical expenses related to Williams' knee injury but denied his claim for disability benefits as a result of the back injury.

Dr. Lewis C. Jones saw Williams on January 10, 1992. At that time, Williams complained of both left knee and back pain. Dr. Jones was of the opinion that examination of William's left knee was normal. He advised *870 Williams to see the neurosurgeon if back pain persisted. Williams underwent an MRI of his spine on March 28, 1992, at LSU Medical Center. The MRI showed a centrally bulging intervertebral disc at the L4-5 level. An area of enhancement of the bulging disc was felt to represent a small tear in the amulus fibrosis. Degenerative changes in the L4-5 disc were also identified. On July 27, 1992, Williams underwent a lumbar myelogram, which showed nerve root compression and amputation on the left. In September 1992, Williams was administered an epidural steroid injection in an attempt to relieve his back pain.

After a trial, the hearing officer found that Williams had met his burden of proving that he injured his left knee and lower back, on January 31, 1991, while in the course and scope of his employment and that this work-related injury aggravated his pre-existing back condition. The trial court awarded Williams temporary total disability benefits from the time of termination until he reaches maximum medical improvement and ordered defendants to pay all medical expenses related to his back treatment. The defendants appealed the hearing officer's judgment.

DISCUSSION

Admissibility of Medical Report

Defendants argue that the hearing officer was clearly wrong in relying on the medical opinion of Dr. Thomas Grahm. Citing Hearing Officer Rules 2143 and 2149, defendants contend that the medical report containing Dr. Grahm's opinion concerning the possible cause of Williams' back injury was not properly admitted into evidence. Defendants assert that Dr. Grahm's report was admitted with the provision that the record be left open to take his deposition. Because the deposition was never offered into evidence, defendants argue that the hearing officer's consideration of Dr. Grahm's report was erroneous. Defendants also contend that opinions contained in medical reports are hearsay.

In a worker's compensation case, expert medical testimony may be submitted by a report of any health care provider certified as a true copy in accordance with LSA-R.S. 13:3715.1. Hearing Officer Rule 2143. The medical records shall be accompanied by a certificate of the health care provider, stating in substance that the copy is a true copy of all records prepared by the health care provider in the ordinary course of business. LSA-R.S. 13:3715.1 Objection to any evidence shall be governed by the Louisiana Code of Evidence and the Louisiana Code of Civil Procedure. Hearing Officer Rule 2149.

Here, Dr. Grahm's report includes a notarized certification that the medical records are true and exact copies of the originals. Thus, the report substantially satisfies the requirements of Rule 2143. Further, LSA-C.E. Art. 803(6) includes opinions and diagnoses contained in medical reports or records as exceptions to the hearsay rule. Medical records maintained by a physician in his regular course of business as a provider of medical services are admissible under the business records exception to the hearsay rule. Gilchrist v. Ozone Spring Water Co., 93-2515 (La.App. 4th Cir.), 639 So.2d 489.

In Theus v. Schumpert Medical Center, 25,750 (La.App. 2d Cir. 5/4/94), 637 So.2d 631, the hearing officer admitted a physician's report over the objection of the defendant under circumstances quite similar to those presented here. On appeal, this court ruled that the hearing officer erred in admitting the unverified medical reports as evidence. The Louisiana Supreme Court reversed and remanded the case, ordering this court to consider the excluded medical records. Theus v. Schumpert Medical Center, 94-1443 (La. 12/9/94), 647 So.2d 1101. In the instant case, Williams submitted a verified medical report which is admissible as an exception to the hearsay rule. As a result, we cannot say that the hearing officer erred in admitting and considering Dr. Grahm's medical report.

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Cite This Page — Counsel Stack

Bluebook (online)
662 So. 2d 867, 1995 La. App. LEXIS 2721, 1995 WL 638222, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-jones-truck-lines-inc-lactapp-1995.