Thornhill v. Luke Construction Co.

Citations: 468 So. 2d 758; 1985 La. App. LEXIS 9387Docket: No. 84 CA 0127

Court: Louisiana Court of Appeal; April 15, 1985; Louisiana; State Appellate Court

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William Ray Thornhill suffered injuries on May 4, 1981, while working as a warehouse superintendent for Luke Construction Company, resulting in four broken vertebrae. Initially treated by his family physician, Dr. W.A. Marmande, he was later referred to orthopedic surgeon Dr. Christopher Cenac. Thornhill was off work for approximately three months and returned to his job until September 29, 1981, when he was discharged for drinking. He was rehired on November 5, 1981, as a field superintendent but was hospitalized for a liver disorder in May 1982 and subsequently worked as a field clerk until being discharged again for drinking on August 29, 1982.

On February 1, 1983, Thornhill filed a lawsuit claiming total and permanent disability due to his accident and sought compensation benefits, medical expenses, and penalties under LSA-R.S. 23:1201.2. The trial court acknowledged the defendant's liability for medical expenses stemming from the injury but focused on whether Thornhill was disabled under the odd-lot doctrine due to pain from the accident. Dr. Cenac testified that while Thornhill would likely experience pain, it was not continuous, and Thornhill did not express complaints about pain to coworkers or supervisors nor showed any record of attendance issues due to pain.

The court determined Thornhill did not experience substantial pain that would qualify him for total and permanent disability and dismissed the suit. Thornhill appealed, arguing that the trial court overlooked Dr. Cenac’s testimony regarding his ongoing symptoms and pain. Under the odd-lot doctrine, a plaintiff can qualify for total and permanent disability benefits if they can only perform work that lacks a stable market. The Supreme Court supports this classification for individuals unable to engage in gainful employment. Ultimately, the review found no clear error in the trial court's conclusion that Thornhill did not meet the criteria for odd-lot status due to substantial pain.

Physical inability to return to work and the impact of substantial pain are factual determinations made by the trial court, which are upheld unless clearly erroneous. While evidence indicates the plaintiff experiences pain, it does not support a finding of total inability to engage in gainful employment. Under Louisiana workers' compensation law (LSA-R.S. 23:1221(3)), a worker is partially disabled if unable to perform their customary duties or similar work suited to their qualifications. Testimony from Dr. Christopher Cenac, the treating orthopedic surgeon, revealed that although the plaintiff has a compression fracture and degenerative osteoarthritis, he can still perform supervisory roles with appropriate accommodations for pain management. The plaintiff's ability to work was influenced by his job's physical demands, notably heavy lifting, which exacerbated his condition. Testimonies from co-workers corroborated the plaintiff's pain issues, but he remained employed until a separate issue related to alcohol arose. The court found that the trial court's conclusion of no total permanent disability was correct, but it erred by not recognizing the plaintiff as partially disabled, given the substantial pain documented. As the evidence did not clarify the extent of partial disability benefits, the case is remanded for further proceedings to determine the appropriate award, with costs assessed to the defendant. The decision is affirmed in part, reversed in part, and remanded.