Willis v. Dry Creek Nutrition Services

640 So. 2d 708, 94 La.App. 3 Cir. 45, 1994 La. App. LEXIS 1696, 1994 WL 234217
CourtLouisiana Court of Appeal
DecidedJune 1, 1994
Docket94-45
StatusPublished
Cited by3 cases

This text of 640 So. 2d 708 (Willis v. Dry Creek Nutrition Services) 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
Willis v. Dry Creek Nutrition Services, 640 So. 2d 708, 94 La.App. 3 Cir. 45, 1994 La. App. LEXIS 1696, 1994 WL 234217 (La. Ct. App. 1994).

Opinion

640 So.2d 708 (1994)

Debra WILLIS, Plaintiff-Appellee,
v.
DRY CREEK NUTRITION SERVICES, Defendant-Appellant.

No. 94-45.

Court of Appeal of Louisiana, Third Circuit.

June 1, 1994.

*709 Larry B. Minton, Alexandria, for Debra Willis.

Steven Claude Judice, Baton Rouge, for Dry Creek Nutrition Services.

Before GUIDRY, C.J., and YELVERTON and WOODARD, JJ.

GUIDRY, Chief Judge.

In this workers' compensation action, defendant, Dry Creek Nutrition Services, appeals a ruling by the Office of Workers' Compensation (OWC) finding plaintiff, Debra Willis, to be temporarily and totally disabled and awarding penalties and attorney's fees.

FACTS

In April 1990, plaintiff, Debra Willis, was hired by Dry Creek Nutrition Services (Dry Creek) as a dishwasher and kitchen helper. This was Ms. Willis' first job in three years, having spent that period of time exclusively as a homemaker. Ms. Willis' work at Dry Creek involved handling of large, heavy aluminum pots and pans. She would report to work at 9:00 a.m. to find the sink stacked full with the large pots and pans, most of which were filled with water. Ms. Willis' primary duties consisted of washing, rinsing, drying and storing these pots and pans, some of which were kept on overhead shelves. Additionally, she sometimes removed cooked food from the oven or carried pans full of frozen food from the freezer to the cooks' work station.

Sometime in May, plaintiff began to experience pain in her right hand and arm, and a "knot" developed on the back of her right hand near her wrist. She reported this to Ms. Diana Honea who informed plaintiff that she (Ms. Honea) would seek permission for plaintiff to see "the company doctor". Permission was slow in coming until June 21, 1990 when, as plaintiff puts it, her wrist popped. She was sent to see Dr. Flynn Taylor the next day.

Dr. Taylor found plaintiff had a ganglion cyst on the back of her right hand and told her the only treatment he could offer was surgical removal. Ms. Willis agreed to this recommendation and surgery was scheduled for July 11, 1990. Ms. Willis continued to work until July 10, 1990, the day she was admitted to the hospital for surgery. Dr. Taylor successfully removed the cyst which *710 he found adhered to two tendons in plaintiff's wrist.

On July 23, 1990, Dr. Taylor removed Ms. Willis' sutures and noted that her wound was healing well. She returned to his office on August 13, 1990 complaining of tingling in her fingers and inability to fully flex her wrist. This, Dr. Taylor attributed to post-operative swelling putting pressure on a nerve. On her next visit, August 27, 1990, Ms. Willis complained of some numbness in her fingers. In his deposition, Dr. Taylor admitted, that in retrospect, he feels that perhaps he did not place enough significance on Ms. Willis' post-operative complaints. In any event, he released her to return to work at that time. She returned again on September 26, 1990 complaining of shoulder pain which increased with activity. Dr. Taylor could find no basis for this complaint and once again told plaintiff she could return to work. Ms. Willis attempted to return to work October 8, 1990, but, upon attempting to lift one of the heavy pots, twisted her wrist causing extreme pain and necessitating her leaving work. Plaintiff was last seen by Dr. Taylor on October 10, 1990, at which time she complained she was still unable to lift heavy objects. Her numbness had subsided and Dr. Taylor noted no limitation of movement in Ms. Willis' wrist. During his course of treatment, he never diagnosed carpal tunnel syndrome, shoulder impingement syndrome, or thoracic outlet syndrome.

Beginning October 15, 1990 thru April 13, 1992, Ms. Willis was treated by Dr. Marion Milstead. During his initial visit with plaintiff, Dr. Milstead diagnosed right shoulder impingement syndrome, a condition he described as comprised of three elements: rotator cuff tendinitis, bursitis and biceps tendinitis. Ms. Willis also had a positive Tinel's test over the supraclavicular area, a finding which the doctor related to a thoracic outlet syndrome. Plaintiff also exhibited some unusual dryness in the right hand. These test results and symptoms remained constant over her next two visits.

When on her December 4, 1990 visit Ms. Willis complained that only non-use of her hand gave her any relief, Dr. Milstead repeated the examination of her shoulder and also examined her lower arm. His findings involving the shoulder were the same, impingement syndrome and probable thoracic outlet syndrome. When he examined her lower arm, he elicited a positive Tinel's and a positive Phalan's test over the carpal tunnel. These findings, along with plaintiff's other symptoms, numbness and tingling in the fingers, led Dr. Milstead to additionally diagnose Ms. Willis as having carpal tunnel syndrome. Her complaints and symptoms remained constant from that time forward, throughout the course of his treatment.

In his deposition, Dr. Milstead explained the causes of the three conditions he diagnosed Mrs. Willis as having thusly:

There's multiple causes of carpal tunnel syndrome. The most common cause that we see is occupational related repetitive motion. Now, that's the majority of the people I see come in my office are related to occupations of some type. You can see it in nonoccupational related problems— people's hobbies or sports—but it's still repetitive motion of some kind....
In the impingement syndrome, there's three factors: the bursitis; the rotator cuff tendinitis, which is one of the tendons actually within the shoulder; and then the biceps tendinitis, which is the tendon that comes up the front of the arm and goes into the shoulder. All three of these conditions are seen in people who do a lot of, again, repetitive motion with over-the-head lifting and raising their arms up and down. It's also ... again, like we talk about carpal tunnel—there's other reasons.
. . . . . .
Thoracic outlet syndrome is a pinched nerve, much like carpal tunnel, but just occurring in a different location. It occurs up underneath the collar bone—right at the base of the neck—where a large group of nerves, called the brachial plexus, comes underneath the collar bone. And the thoracic outlet syndrome is a condition where those nerves become inflamed and irritated from being pinched. This condition is seen more commonly in women, and it's also seen more commonly in people who do lifting type activities.

*711 Dr. Milstead also stated that heavy lifting of the type done by Ms. Willis would cause these conditions to manifest themselves more quickly than light or moderate lifting.

When asked to directly relate these conditions to Ms. Willis' employment with Dry Creek, Dr. Milstead explained:

... And I think there's been some confusion in some of the reports that I've dictated in the past, and I hoped to clear this up previously—because I've mentioned that I think all of these conditions she has are related to her work. But where the confusion occurred, I mean, the question was asked—I don't think the impingement syndrome and the carpal tunnel syndrome are related to the ganglion. The ganglion was a work related problem. It came on when she was washing dishes, and she suddenly had this knot come up. That was treated. And then this other stuff started coming when she was working. I think they're all related to her job, but they're not related to each other.
...

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Bluebook (online)
640 So. 2d 708, 94 La.App. 3 Cir. 45, 1994 La. App. LEXIS 1696, 1994 WL 234217, Counsel Stack Legal Research, https://law.counselstack.com/opinion/willis-v-dry-creek-nutrition-services-lactapp-1994.