Woods v. Petroleum Helicopters, Inc.

415 So. 2d 978, 1982 La. App. LEXIS 7426
CourtLouisiana Court of Appeal
DecidedMay 25, 1982
Docket14833
StatusPublished
Cited by9 cases

This text of 415 So. 2d 978 (Woods v. Petroleum Helicopters, 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
Woods v. Petroleum Helicopters, Inc., 415 So. 2d 978, 1982 La. App. LEXIS 7426 (La. Ct. App. 1982).

Opinion

415 So.2d 978 (1982)

Larry WOODS
v.
PETROLEUM HELICOPTERS, INC., et al.

No. 14833.

Court of Appeal of Louisiana, First Circuit.

May 25, 1982.

Lee W. Rand, Badeaux, Discon, Cumberland & Barbier, New Orleans, for appellant.

J. Mark Graham, Henderson, Hanemann & Morris, Houma, for appellees.

Before LEAR, CARTER and LANIER, JJ.

CARTER, Judge.

This workmen's compensation case is before us on appeal from a judgment of dismissal holding that the injured party had received all compensation due him. We affirm.

After a series of various jobs with various employers, on March 6, 1980, appellant Woods went to work for Petroleum Helicopters, Inc. as a laborer and general maintenance man. On June 2, 1980, Woods was injured in the course and scope of his employment. Petroleum Helicopters, Inc. was insured by American Home Assurance Company who paid workmen's compensation *979 benefits to Woods for temporary disability through September 8, 1980. Woods filed suit on November 13, 1980, alleging that he was permanently disabled and seeking weekly benefits, medical expenses, and penalties.[1] It is the dismissal of this suit that he is appealing.

On the day of the accident, Woods and a co-employee were repairing a golf cart, the rear end of which was suspended from a chain hoist. As Woods was lifting the rear end, it became disconnected from the chain hoist, and most of the weight of the cart came down on him. Woods testified at trial that he felt a snap in his back at the time of the accident but did not experience any immediate pain and finished out the work day. He did experience some pain sitting in a car riding home from work. He testified that by the next morning, "I noticed it wasn't there, ...". Nevertheless, when he reported the accident at work that morning, he stated that he felt he needed to see a doctor. After complaining several times to his immediate superior, Woods was allowed to fill out an accident report and was sent to Dr. Hector Ruiz. Dr. Ruiz prescribed medication and released Woods from work until Friday.[2] On Friday evening, Dr. Ruiz admitted Woods to a hospital where he remained for six days.

Appellant's low back pain worsened, and Dr. Ruiz called in Dr. Jeffrey Fitter, an orthopedic surgeon. Dr. Fitter began his examination and treatment of Woods on June 9, 1980. Woods stated to the doctor that the pain had lessened somewhat with hospital treatment, but he still had moderate discomfort in the right low back area. He further stated to Dr. Fitter that he had had transient pain in both of his legs immediately after his injury but had experienced no pain in his legs since then. Dr. Fitter felt that Woods had sustained an acute lumbar strain but could find no objective clinical findings of injury. Dr. Fitter advised Dr. Ruiz that Woods appeared to be improving with treatment in the hospital and did not recommend any changes in the program. He felt that Woods was getting over his problem at that time and could probably be discharged from the hospital in a short period of time. He further felt that Woods might require out-patient treatment for one to two weeks before returning to work.

The treatment prescribed for Woods while in the hospital was rest in an orthopedic bed, application of hot packs to the painful areas of his back, and medications for muscle relaxation and pain. Dr. Fitter re-examined Woods on June 19 and found that the tenderness of the lumbar muscle was gone. Although Dr. Hector Ruiz, in one of his reports, stated that he had found muscle spasms, Dr. Fitter stated that he had no record of Woods having any muscle spasms at any time. Dr. Fitter found no sign of herniated disc or other serious lesion; however, he instructed Woods to remain in bed for another two or three weeks. He prescribed a muscle relaxant and Darvocet N-100, a pain reliever, as needed. On July 3, Dr. Fitter again examined Woods, and Woods continued to complain about low back pain and pain in his right anterior thigh. Dr. Fitter testified that Woods was "somewhat dramatic in his voluntary restrictions of motion in the back." He found a full range of motion in the lumbar spine. A straight leg raising test was positive with the patient in the supine position, but the same straight leg raising test was negative with Woods in the sitting position. Dr. Fitter testified that he performs the test *980 both in the supine and sitting positions to determine if the patient is being sincere. He explained that if the straight leg raising sign is positive in the supine position, it will also necessarily be positive with the patient sitting.

Dr. Fitter again examined Woods on July 29, and despite Woods's complaint of low back pain, Dr. Fitter found the results of the examination to be normal except for "voluntary guarding against passive range of motion in the lumbar spine and complaints of vague pain in that area." He advised Woods that he could not find anything wrong with his back, and that he felt a second orthopedic opinion would be appropriate before releasing him from treatment. He referred Woods to Dr. Russell Grunsten, an orthopedic surgeon in New Orleans.

Dr. Grunsten performed an orthopedic examination on Woods on August 25, 1980. This examination was essentially negative and confirmed Dr. Fitter's findings. Dr. Grunsten observed rigidity of musculature which he testified is an uncommon response for any injury of the back. He stated that standing rigid, as Woods did, will produce pain in a person who has a back injury. He found Woods's range of motion restriction uniform in each direction. He testified that, invariably, when there is an injury to the back, that injury is one that mechanically interferes with one direction of motion, but not all four directions of motion. As did Dr. Fitter, he found that straight leg raising in the supine position brought complaints of pain from Woods but that there was no complaint of pain from the straight leg raising test in the sitting position. Woods further complained of pain in the back of the thigh when Dr. Grunsten slowly bent Woods's knee. Dr. Grunsten testified that this is not physiologically explainable or possible. X-rays revealed no abnormalities and only a slight scoliosis of the lumbarsacral spine convexed to the left. Dr. Grunsten did not consider this scoliosis to be an abnormality because he was of the opinion that it was "obviously positioned." Dr. Grunsten testified:

"Because of the history revealed, the physical examination, the x-rays studies that we had done, it was my opinion that this patient presented what I identified as a grossly contradictory straight leg raising response; as well as an overall range of motion of the low-back area. No objective evidence of mechanical interference could be identified, nor was any objective evidence of nerve root irritation.
It was my feeling that the current x-rays were within normal limits. With this consideration, I was unable to identify any objective evidence of injury residual referable to the low back and it was felt by me that this patient could be permitted to resume what for him would be a normal daily physical activity program."

Dr. Grunsten further testified:

"Q. Doctor, the straight leg raising test you have noted and explained to us very well that they were completely contradictory, is that physiologically explainable, is there any explanation for such a contradiction?
A. It is physiologically not explainable. I would contemplate that this patient is magnifying his complaints.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Dailey v. Royal Insurance Co.
551 So. 2d 55 (Louisiana Court of Appeal, 1989)
Westley v. Land & Offshore
515 So. 2d 509 (Louisiana Court of Appeal, 1987)
Batiste v. Johns-Manville Sales Corp.
478 So. 2d 1276 (Louisiana Court of Appeal, 1985)
Kramer v. Johns-Manville Sales Corp.
459 So. 2d 642 (Louisiana Court of Appeal, 1984)
Butler v. Jefferson Disposal Co.
460 So. 2d 1062 (Louisiana Court of Appeal, 1984)
Westley v. Pressure Services, Inc.
452 So. 2d 354 (Louisiana Court of Appeal, 1984)
Holland v. TG & Y. STORES
451 So. 2d 1317 (Louisiana Court of Appeal, 1984)
Chiasson v. Lafourche Parish Council
449 So. 2d 110 (Louisiana Court of Appeal, 1984)
Calhoun v. Fireman's Fund Ins. Companies
437 So. 2d 900 (Louisiana Court of Appeal, 1983)

Cite This Page — Counsel Stack

Bluebook (online)
415 So. 2d 978, 1982 La. App. LEXIS 7426, Counsel Stack Legal Research, https://law.counselstack.com/opinion/woods-v-petroleum-helicopters-inc-lactapp-1982.