Morgan v. Glazers Wholesale Drug Co.
79 So. 3d 417
La. Ct. App.2011Background
- Morgan injured in 2002 while rebuilding a display for Glazer, undisputed injury, began receiving total temporary disability benefits.
- He underwent a microdiscectomy; chronic back pain persists; pain management and narcotics (including oxycodone) continue; depression noted.
- Dr. Nunley suggested fusion surgery (declined by Morgan); treating physician and IME concur that disability stems from pain, not a physical condition.
- Morgan sought a determination of permanent total disability after 520 weeks of TTD; WCJ found he could work despite pain and denied PTD and SEBs.
- WCJ did not adjudicate SEBs; record includes vocational assessments; Morgan contested the ruling and appealed.
- Court affirms; evidence shows pain prevents work but does not prove permanent total disability by clear and convincing evidence; mental injury not established as basis for PTD.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether chronic pain plus mental injury supports PTD | Morgan argues mental injury from pain contributes to disability. | Glazer argues evidence shows pain, not mental injury, drives disability; no clear mental injury proven. | No clear mental injury establishing PTD; not proven by clear and convincing evidence. |
| Entitlement to SEBs versus continued TTD | Seeks PTD and SEBs beyond 520 weeks. | If not PTD, only TTD until 520 weeks; SEBs not addressed in ruling. | SEBs not adjudicated; affirmed denial of PTD; SEBs remand/refiling required for eligibility. |
| Judgment form and stipulations regarding TTD payments | Stipulations regarding TTD payments should be incorporated in judgment. | Stipulated facts about TTD payments were not at issue in the final judgment. | No error; judgment not prejudicial by excluding the TTD stipulation. |
| Standard and sufficiency of evidence for PTD | Morgan challenges credibility and weight of medical and vocational evidence. | WCJ credibility determinations supported by medical and vocational evidence; pain-related incapacity not enough for PTD. | No manifest error; record supports ability to work with pain; not clear and convincing for PTD. |
Key Cases Cited
- Bank of Winnfield and Trust Co. v. Collins, 736 So.2d 263 (La.App.2d Cir. 1999) (post-1983 standard requiring more than pain alone for PTD)
- Rosell v. ESCO, 549 So.2d 840 (La.1989) (conflict in testimony; appellate deferential to WCJ credibility findings)
- Stobart v. State, Department of Transportation and Development, 617 So.2d 880 (La.1993) (permissible options when multiple reasonable views of evidence exist)
- Dean v. Southmark Const., 879 So.2d 112 (La.2004) (manifest error review; credibility and weight of medical testimony)
- Frye v. Olan Mills, not provided in official reporter here (La.App.2d Cir. 2009) (treating physician weight and overall burden of proof; (citation placeholder))