Williams v. Medical Center of Louisiana in New Orleans
Williams v. Medical Center of Louisiana in New Orleans
Opinion of the Court
11 Defendant, the Medical Center of Louisiana in New Orleans [hereinafter “the Medical Center”], appeals the judgment of
On January 5, 1997, Ms. Williams, an employee of the Medical Center, fell down a flight of stairs and was injured while in the course and scope of her employment. She was initially treated by orthopedist Dr. James Butler for back and hip pain. On December 10, 1998, Dr. Butler performed a lumbar laminectomy on Ms. Williams. She continued to have pain after the surgery. In May, 2000, Dr. Butler referred Ms. Williams to a neurosurgeon, Dr. Kenneth Vogel. Dr. Vogel evaluated her on July 12, 2000, at which time Ms. Williams was complaining of back, leg, neck and head pain. Dr. Vogel treated her conservatively for approximately two years. He ordered a cervical MRI, which was negative. On her last visit to him in 2002, Dr. Vogel recommended that Ms. Williams undergo a cervical arthrogram to determine if she was a candidate for a cervical neurotomy. ^However, approximately one year prior to trial, Ms. Williams stopped seeing Dr. Vogel because of her employer’s refusal to authorize further treatment.
The case was tried by the Office of Workers’ Compensation on October 6, 2004. The trial court rendered judgment January 26, 2005, holding that Ms. Williams was entitled to payment by her employer for her treatment by Dr. Vogel. The Medical Center filed the instant appeal. The sole issue on appeal is whether the trial court erred by finding that Ms. Williams’ cervical complaints were related to the January 5,1997 accident.
Findings of fact made by a hearing officer in a workers’ compensation court are reviewed according to the manifest error standard. Johnson v. Cox Communications, 2003-0060, p. 13 (La-App. 4 Cir. 5/14/03), 848 So.2d 48, 55-56. Under that standard, the appellate court must determine not whether the fact finder’s conclusion was right or wrong, but whether it was reasonable. When there is a conflict in the testimony, reasonable evaluations of credibility and reasonable inferences of fact should not be disturbed on review.2003-0060 at p. 13, 848 So.2d at 56 (citing Jackson v. Quikrete Products, Inc., 2001-1181 (La.App. 4 Cir. 4/17/02), 816 So.2d 338).
The claimant’s testimony alone may be sufficient to prove that he sustained a work-related injury, provided that no other evidence discredits or casts serious doubt upon his version of the incident, and his testimony is corroborated by the circumstances following the incident. Jackson v. Quikrete, supra, at pp. 2-3, 816 So.2d at 341.
| sIn the instant case, there is no dispute that Ms. Williams sustained a work-related injury to her back when she fell down the stairs. The employer has been paying temporary total disability benefits to Ms. Williams since the accident and has paid medical benefits for treatment of her back problem. Rather, the issue is the reasonableness of the hearing officer’s determination that Ms. Williams also injured her neck in the accident. The evidence introduced at trial consisted of Ms. Williams’s testimony, the testimony of the employer’s workers’ compensation claims manager, the depositions of Dr. Butler and Dr. Vogel, and Ms. Williams’s medical records.
Ms. Williams testified that on January 5, 1997, she was working as a hospital clerk at Charity Hospital. She was ascending a flight of stairs leading from the basement where she had gone to retrieve some records when she slipped on an unknown substance near the top of the stairs, grabbed a railing that was unstable, and
Dr. Vogel initially examined Ms. Williams on July 12, 2000. She complained of neck, back and leg pain since the accident. He ordered a cervical MRI, which was negative. He continued to treat her with prescription medication for several years. In May of 2002, he noted she had neck spasms. Ms. Williams related to him an incident in 2002 where her right leg had become numb and “given way;” she said her neck pain had worsened after this incident. Dr. Vogel related this incident to Ms. Wiliams’ accident, opining that patients who have had similar back surgery often complain that their leg gives way. Dr. Vogel recommended that Ms. Williams undergo a cervical arthrogram to determine whether she would be a candidate for a cervical neurotomy. In his deposition, he opined that the arthrogram was medically necessary. He also opined, based on Ms. Williams’ history, that her neck problems were related to the January 5, 1997 |fiaccident. He admitted that he did not review Dr. Butler’s records and said he would defer to Dr. Butler regarding Ms. Williams’ back problems.
Dr. Butler’s records contain no mention of Ms. Williams’s having complained of neck pain. He testified in his deposition that she did not relate any complaints about her neck after the accident. He therefore opined that her cervical pain was not related to the 1997 accident. He stated that his opinion was not changed by the fact that the February 1999 notes of the physical therapist treating Ms. Williams listed cervical pain as one of her symptoms.
Ms. Renee Moses, the workers’ compensation claims adjuster who handled Ms. Williams’s claim, stated she received the claim in 1998 and had never examined any medical records prior to Ms. Williams’s treatment by Dr. Butler. She stated that the employer did not dispute that the claimant’s hip and leg injuries as treated by Dr. Butler were related to the accident. However, after approving the initial evaluation by Dr. Vogel, Ms. Moses refused to approve any further testing or treatment by him because Dr. Butler, the initial treating physician, did not believe the claimant’s neck complaints were related to the accident. Ms. Moses stated she had no documentation of Ms. Williams’s having had any cervical complaints until her first visit to Dr. Vogel.
The Louisiana Supreme Court has held that a causal relationship between a work-related accident and a disability can be established, creating a presumption that the accident caused the disability, when the employee shows that before the accident he or she was in good health, and commencing with the accident the disabling symptoms appeared and continuously manifested themselves thereafter, provided there is sufficient medical evidence to show a reasonable possibility of a causal connection between the accident and the disabling condition. Quinones v. U.S. Fidelity and Guar. Co., 1993-1648 (La.1/14/94), 630 So.2d 1303, 1307.
In the instant case, we find no manifest error in the trial court’s judgment, which is based upon the credibility of Ms. Williams and the medical opinion of Dr. |7Vogel. There is no evidence that Ms. Williams ever had any neck problems before her work-related accident. Moreover, the workers’ compensation claims adjuster admitted that she had no medical evidence, other than the absence of neck complaints from Dr. Butler’s records, to counter Dr. Vogel’s opinion that the claimant’s cervical problems were related to her accident. Under the circumstances, we cannot say it was unreasonable for the workers’ compensation court to find that the cervical complaints were causally related to the accident, therefore entitling Ms. Williams to medical benefits.
Accordingly, for the reasons stated, we affirm the judgment of the Office of Workers’ Compensation.
AFFIRMED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.