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White v. Fresenius Medical Care12/12/2001
the surgeries.
During this period when Ms. White did not return to work, she received disability. Due to her continued stay on disability, the claimant's employment with FMC was terminated. On October 2, 2000, Ms. White filed a Disputed Claim for Compensation seeking benefits and penalties and attorney's fees. FMC answered the claim, alleging that the matter was prescribed as a claim was not filed within one year of the accident. It also questioned the causal connection between the alleged accident and the injuries claimed.
The workers' compensation judge found in favor of the claimant, concluding that a work-related accident was demonstrated. With regard to the prescription issue, the workers' compensation judge determined that the claimant had suffered a developmental injury which, by statute, enjoys a longer filing period. The judge concluded that this longer period was applicable to the award of both indemnity and medical
benefits. Penalties and attorney's fees were also awarded.
FMC appeals, assigning the following as error:
1. The Trial Court erred in holding that White's back problem was caused by the June 18, 1999 accident.
2. The Trial Court erred in holding that White's neck problem was caused by the June 18, 1999 accident.
3. The Trial Court erred in holding that the claim for medical benefits had not prescribed.
4. The Trial Court erred in holding that White is entitled to reimbursement of all medical expenses related to her neck and back injuries.
5. The Trial Court erred in implicitly holding that White is entitled to indemnity benefits from October 21, 1999.
6. The Trial Court erred in assessing penalties and attorney fees.
The claimant has answered the appeal, seeking additional attorney's fees on appeal.
Discussion
Causation of Back Condition
FMC first argues that the trial court erred in concluding that the claimant's back injury resulted from the slip-and-fall accident of June 1999. Specifically, FMC points to Dr. Leoni's testimony that, as a general principle, he does not relate pain to an accident unless it manifests itself within six weeks, and Ms. White's failure to report back pain to her physicians until September 1999. Further, as stressed by FMC, when she did report the back pain, she did not indicate to physicians that it resulted from a work-related accident. Nor did she consistently indicate the date of onset of the pain.
The Louisiana Supreme Court has explained that, in a workers' compensation case, the claimant bears the initial burden of demonstrating the causal connection between the disability claimed and the work-related accident by a preponderance of the evidence. Quinones v. U.S. Fidelity & Guar. Co., 93-1648 (La. 1/14/94); 630 So.2d 1303, 1307, quoting, Hammond v. Fidelity & Cas. Co., 419 So.2d 829, 831 (La.1982). In finding the causal connection established in the present case, the workers' compensation judge rendered extensive written reasons, first explaining the lay testimony and medical evidence/testimony, before summarizing as follows with regard to the back injury :
It is undisputed that the claimant fell while in the course of and arising out of her employment on June 18, 1999. Although she only reported an injury to her ankle on the day of the accident, the claimant began feeling pressure in her back, and pain in her groin and left leg within 2-4 weeks later, as evidenced by the uncontradicted testimony of the claimant, Ms. Suire, Ms. Cassisa and Mr. Boutee . The pain continued to worsen. Dr. Leoni testified it was more probable than not,
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