Casnave v. Rittner Engineering Co.
Casnave v. Rittner Engineering Co.
Concurring Opinion
concurring.
The accident sued upon left plaintiff, as the only immediately post-accident medical evidence shows, with “muscle spasm”, “objective evidence of recent injury”, “probably an acute herniation of nucleus pulpo-sus”. This injury totally disabled him to do the work he had in fact been doing although doctors thought he should not or could not. However, plaintiff recovered from that accident to the level of his pre-ac-cident physical condition, and therefore his disability attributable to that accident had disappeared, as believable medical advice informed defendant, prior to the stoppage of compensation payments.
Dissenting Opinion
dissenting.
The trial court erred as a matter of law in holding that plaintiff had not proved the occurrence of an accident. Defendant’s supervisor admitted he received a report of an accident from plaintiff and another employee, and the company doctor immediately thereafter found objective evidence of “recent” injury consistent with that described by plaintiff.
The more difficult issue is the disability determination, especially defendant’s contention that plaintiff was already disabled prior to the September, 1976 accident.
After the September, 1974 accident, plaintiff was treated by Dr. Sinclair, who advised plaintiff against returning to heavy labor. However, Dr. Sinclair did not see plaintiff between September, 1975 and the accident one year later. Since plaintiff sought no further medical treatment from any other doctor, there is no medical evidence as to his condition in September, 1976.
A significant consideration as to plaintiff’s condition in September, 1976 is the fact that he worked for defendant as a laborer at $6.81 per hour for a period of
. Dr. Sinclair’s statement that plaintiffs condition in November, 1976 was approximately equal to that at the last visit in September, 1975 is not conclusive of plaintiffs condition at the time of the accident one year after the last visit.
Opinion of the Court
Plaintiff, Charles Casnave, has appealed a judgment dismissing his suit for maximum workmen’s compensation benefits for an industrial accident in which he allegedly aggravated a pre-existing back problem that has left him totally and permanently disabled. We affirm.
Plaintiff’s medical history discloses about 12 years prior to this alleged incident, he had lumbar disc surgery. On October 17, 1975, plaintiff received a compromise compensation settlement of $13,640 plus medical of $1,534.26 for a back injury allegedly incurred when he was working for Broad-moor Corporation. On September 22, 1976 plaintiff allegedly sustained an injury to his back while in the employ of defendant, Rittner Engineering Company. The accident was alleged to have occurred when plaintiff was straightening an iron rod on a concrete form.
In reasons dictated in the record the trial judge concluded the plaintiff failed to prove that the admitted back disability became permanently worsened by the alleged accident.
Appellant relies on those cases that hold a plaintiff’s testimony alone is sufficient to establish an accident occurred. Brister v. Great American Insurance Company, 171 So.2d 769 (La.App. 3d Cir. 1965). But in such cases the credibility of the plaintiff cannot be questionable.
Appellant’s testimony that he had fully recovered from all previous back insults and was able to perform strenuous labor with
During the course of his testimony Dr. Sinclair confirmed that plaintiff did have a back problem but his examination of plaintiff’s back after the Rittner accident revealed that it was in a better condition than after the Broadmoor incident. The substance of Dr. Sinclair’s testimony is that if in fact there was an accident plaintiff had fully recovered from its ill effects. The record establishes plaintiff received compensation during the period he possibly could have suffered temporary disability.
Plaintiff’s credibility is in doubt and his entire case hinges on it. The medical findings that support disability from a September 1976 accident are based solely on the history he gives. The evidence confirms the wisdom of the trial court in resolving the issue of credibility against plaintiff.
For the reasons assigned, the judgment appealed from is affirmed.
AFFIRMED.
. The trial judge stated: “All of the elements are present, except, the Court feels that the plaintiff has failed to carry the burden of proof that he, as a matter of fact, was injured on the job or, that there was an aggravation of that injury on the job.”
. Dr. Sinclair did not discharge plaintiff from further treatment in September 1975. Plaintiff failed to return for further treatment.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.