211 So. 3d 660
La. Ct. App.2017Background
- Claimant Darren Crawford, a Town of Grambling sanitation worker, injured lifting a garbage can on October 9, 2001; employer conceded cervical injury from the accident.
- Cervical complaints dominated early treatment; over time claimant developed worsening lumbar (low back) pain and radicular symptoms, later treated by neurosurgeon Dr. Anil Nanda and neurologist Dr. Michael Ehrlich.
- Dr. Nanda and Dr. Ehrlich ultimately recommended lumbar surgery; employer agreed to pay for cervical surgery but denied payment for the lumbar laminectomy after a 2008 claims adjuster concluded the lumbar complaints were unrelated to the 2001 accident.
- Claimant filed a disputed claim (Jan. 25, 2013) seeking an order compelling employer to pay for lumbar surgery; parties stipulated to many facts, including that employer initially paid for lumbar treatment then stopped.
- WCJ found the lumbar condition causally related to the work accident (relying on claimant testimony and treating physicians’ opinions) and ordered employer to pay for lumbar surgery; penalties and fees were denied.
- The employer appealed; the appellate court affirmed, applying the manifest-error standard and concluding the WCJ’s factual finding of causation was reasonable.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether claimant proved lumbar injury causally related to 2001 work accident | Crawford: lumbar pain began after accident, worsened over time, treating physicians link lumbar condition to the accident | Town: claimant didn’t complain of back pain until 2005; physicians could not definitively tie lumbar injury to the accident | Held: WCJ not manifestly erroneous — lumbar injury was causally related (directly or indirectly) to the accident |
Key Cases Cited
- Iberia Medical Ctr. v. Ward, 53 So.3d 421 (La. 2010) (employee must show accident has causal connection to disability by preponderance)
- Doucet v. Baker Hughes Prod. Tools, 635 So.2d 166 (La. 1994) (presumption of causation where symptoms appear with accident and continuously manifest thereafter, with medical evidence of reasonable possibility of causal relation)
- Buxton v. Iowa Police Dept., 23 So.3d 275 (La. 2009) (workers’ comp factual findings reviewed under manifest-error rule)
- Marange v. Custom Metal Fabricators Inc., 93 So.3d 1253 (La. 2012) (appellate court may not reweigh evidence in workers’ compensation cases)
- Hill v. IASIS Glenwood Regional Medical, 195 So.3d 536 (La. App. 2 Cir. 2016) (discusses standards for causation and manifest-error review in workers’ compensation)