Court: Louisiana Court of Appeal; April 15, 1985; Louisiana; State Appellate Court
Jo Ann Chaney, the plaintiff-appellant, appeals the dismissal of her worker’s compensation claim against Harvest Manor Nursing Home and Ranger Insurance Company, following an injury sustained on November 9, 1981. She received weekly compensation of $92.00 from November 10, 1981, to January 25, 1982, totaling $1,012.00, along with medical expenses. The trial court found that the physiological changes in Chaney from January to October 1983 were not related to her 1981 injury, a finding with which the appellate court disagreed, affirming the trial court’s decision.
Post-accident medical evaluations include treatment by Dr. Walker on the day of the injury, whose testimony was absent at trial, and hospitalization by Dr. J.W. Varnado from November 16 to November 23, 1981, with a diagnosis of 'acute lumbosacral strain-resolving' and normal x-rays. Dr. Varnado referred Chaney to neurosurgeon Dr. William L. Fisher, who found no significant physical issues during examinations in December 1981 and concluded that she could return to work by her discharge on December 18, 1981.
Dr. Fisher noted that Chaney was asymptomatic at discharge, but upon a follow-up visit on January 3, 1982, she complained of pain. He referred her to Dr. John R. Clifford, who diagnosed low back pain without organic cause and observed abnormal pain behavior, ultimately recommending that she return to work. Chaney later saw Dr. Stuart Phillips at her attorney's request on January 17, 1983, who diagnosed an aggravation of arthritis due to trauma. Dr. Phillips noted the progression of her condition in follow-up visits, ultimately diagnosing a permanent aggravation of arthritis resulting in a 10 percent impairment of the lumbar spine and a 5 percent impairment of overall body function. Throughout this period, Chaney also consulted Dr. Clifford again in February 1983.
Dr. Clifford's testimony indicated that x-rays from February 1983, as well as those from December 1981 and January 1983, showed no abnormalities, and he deemed the plaintiff fully capable of returning to work with no disability. He disagreed with Dr. Phillips, who claimed the plaintiff's x-rays were abnormal. The plaintiff contested the trial court’s finding that changes in her condition between January and October 1983 were unrelated to a November 1981 accident. In workers' compensation cases, the plaintiff must demonstrate a causal link between disability and the accident by a preponderance of the evidence. The court found the plaintiff failed to meet this burden, noting that the majority of medical evidence contradicted Dr. Phillips’ opinion. Dr. Fisher, a treating physician, also suggested the plaintiff return to work, reinforcing Dr. Clifford's assessment. In contrast, Dr. Phillips, who saw the plaintiff at her attorney's request a year after her last treatment, was not considered a treating physician. The trial court generally gives more weight to treating physicians' diagnoses. While the court acknowledged a misunderstanding regarding Dr. Phillips' deposition, it determined that overall, his findings were less credible than those of Drs. Fisher and Clifford. The trial court deemed the plaintiff's credibility low, particularly since Dr. Phillips only examined and did not treat her. Ultimately, the court affirmed the judgment that the plaintiff was not disabled, requiring her to bear the appeal costs.
