195 So. 3d 536
La. Ct. App.2016Background
- Lisa Hill, an RN at Glenwood, felt sudden neck/back pain while repositioning a large patient on April 30, 2013; she reported it the next day and sought treatment.
- Initial providers diagnosed L5 spondylolysis with Grade 1 spondylolisthesis; Glenwood paid TTD beginning May 14, 2013; Hill returned to light-duty work after PT and an FCE.
- Pain later worsened with new radicular symptoms; Hill moved to Dallas and treated with Dr. Shaad Bidiwala, who concluded the work incident aggravated her spondylolisthesis and recommended surgery, taking her off work Feb. 28, 2014.
- Glenwood relied on prior medical records (1999 and 2012 back/neck complaints) and Dr. Alvernia’s releases to full duty; it disputed that the April 30 incident caused the current disability.
- The OWC found an accident occurred, causation (aggravation) established, and awarded TTD from Feb. 28, 2014 plus medical treatment including surgery; Glenwood appealed.
- The appellate court affirmed, rejecting Glenwood’s challenges to the accident finding, causation, disability award, and prescription defense.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did a work-related accident occur on Apr. 30, 2013? | Hill: her testimony describes a sudden injury while moving a patient and she reported/treated promptly next day. | Glenwood: incident unwitnessed, late report, credibility problems. | Court: Accident finding not manifestly erroneous; reporting and employer’s initial TTD payments support occurrence. |
| Did the incident cause or aggravate Hill’s spondylolisthesis? | Hill: preexisting lesion became symptomatic after the incident; Dr. Bidiwala opined aggravation with MRI changes. | Glenwood: prior spinal history predates incident; medical literature does not show trauma causes spondylolisthesis; histories inconsistent. | Court: Causation reasonably inferred; WCJ permissibly credited Hill and Dr. Bidiwala despite preexisting condition. |
| Is Hill temporarily totally disabled and entitled to TTD/medical benefits? | Hill: Dr. Bidiwala took her off work Feb. 28, 2014 and recommended surgery; MRI supports disability. | Glenwood: Dr. Alvernia released her to work twice and she worked months; WCJ questioned Hill’s candor. | Court: Credibility is for factfinder; absence of contrary medical evidence (and Glenwood’s failure to produce Dr. Martinez’s report) supports TTD award. |
| Is Hill’s claim prescribed? | Hill: disability developed when she could no longer work (Feb. 28, 2014); claim filed within one year of development. | Glenwood: claim filed over one year after accident and after final payment of TTD (June 17, 2013). | Court: Under La. R.S. 23:1209(A)(3) and Sevin, limitation runs from development of disability; claim timely. |
Key Cases Cited
- Bruno v. Harbert Int'l Inc., 593 So.2d 357 (La. 1992) (claimant’s testimony can suffice to establish an accident if not contradicted and is corroborated by circumstances)
- Iberia Medical Ctr. v. Ward, 53 So.3d 421 (La. 2010) (definition of "accident" and liberal interpretation of work-related accident requirement)
- Peveto v. WHC Contractors, 680 So.2d 689 (La. 1994) (preexisting condition may be compensable if aggravated by a work-related accident)
- Doucet v. Baker Hughes Prod. Tools, 635 So.2d 166 (La. 1994) (disability may be presumed where symptoms begin at the accident and continue, if medical evidence shows a reasonable possibility of causation)
- Sevin v. Schwegmann Giant Supermarkets Inc., 652 So.2d 1323 (La. 1995) (statutory prescription for worker’s compensation claims runs from the time the injury develops into a disabling condition)