Court: Louisiana Court of Appeal; August 23, 1989; Louisiana; State Appellate Court
In the worker's compensation appeal involving plaintiff Howard D’Wayne Davidson, the trial court denied compensation benefits, finding that Davidson failed to prove a work-related accident occurred by a preponderance of the evidence. Davidson, employed as a stock clerk at Highland Superstores since November 1986, experienced a bulge in his left groin while showering on July 19, 1987, which he had not noticed previously. After two weeks of work, during which he experienced pain, he consulted Dr. Tommy Mook, a urologist, who diagnosed him with a left inguinal hernia and recommended surgery. Davidson reported the injury to his employer after consulting Dr. Mook and eventually underwent surgery performed by Dr. Frederick Knight, a general surgeon, and was off work for two months without receiving compensation or coverage for medical expenses. The Office of Worker’s Compensation recommended temporary total benefits, but Liberty Mutual Insurance Company denied the claim. At trial, the court ruled against Davidson, stating he failed to demonstrate an on-the-job accident. Davidson testified about his work duties, but could not specify a date for the injury and admitted to lifting his children and performing normal household activities. Claims adjuster Pamela Crawford noted Davidson's inability to pinpoint a specific incident as the cause of the hernia, leading her to conclude the claim was non-compensable. Dr. Mook’s deposition indicated that hernias could result from lifting heavy objects. Davidson is now appealing the trial court's judgment.
Mr. Davidson's hernia is under scrutiny regarding its cause, with expert opinions suggesting it likely resulted from work-related activities rather than lifting a child. Dr. Knight, the surgeon who treated Mr. Davidson, affirmed that the hernia was unrelated to a prior surgery and noted that Mr. Davidson believed he might have injured himself at work, though he did not report any pain at that time. Dr. Knight explained that hernias are typically caused by increased intra-abdominal pressure, often from lifting. He acknowledged the potential for hernias to develop from both strenuous activities and asymptomatic conditions, where symptoms may not be immediately apparent.
According to the law (LSA-R.S. 23:1221(4)(r)(i)), for compensation to be granted for inguinal hernias, it must be proven that the injury arose from an accident during employment, was promptly reported, and that a physician attended within thirty days. The competing theories for the cause of Mr. Davidson's hernia involve either lifting a child or heavy appliances at work. Both physicians involved leaned towards the conclusion that the hernia likely resulted from work activities, as Dr. Knight provided a letter to Mr. Davidson’s employer supporting this view. He emphasized that symptoms may manifest later and that Mr. Davidson's inability to recall a specific incident should not undermine his claim, considering the nature of the injury.
The court found the defendant's argument that the plaintiff's hernia was caused by routine household lifting, such as lifting a small child, to be unlikely. The plaintiff's job involved regular heavy lifting, which medical evidence indicated was the most probable cause of the hernia, as such injuries can occur without immediate symptoms. The trial court did not provide reasons for rejecting medical testimony suggesting that the hernia was likely work-related, and the appellate court identified no basis for dismissing this evidence. Consequently, the appellate court determined that the trial court erred in concluding that the plaintiff did not prove by a preponderance of the evidence that the hernia resulted from an accident in the course of his employment.
The appellate court reversed the trial court's judgment, awarding the plaintiff, Howard Dwayne Davidson, temporary total disability benefits of $810.67 for the period from August 4, 1987, to October 12, 1987, based on an average weekly wage of $122.50. Additionally, the court awarded $2,639.30 for medical expenses from Willis Knighton Hospital and $1,145.00 for services rendered by Dr. Knight. Davidson sought penalties and attorney’s fees for the denial of his claim but the court found that Liberty Mutual did not act arbitrarily or in bad faith, denying this request. The final judgment included the awarded sums plus legal interest from the due dates, with all costs assessed against the defendants, Highland Superstores, Inc. and Liberty Mutual Insurance Company. The judgment was reversed and rendered in favor of the plaintiff.
