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White v. Fresenius Medical Care12/12/2001
that the claimant's fall caused her present condition. Dr. Leoni also testified that if pain starts within six weeks of an accident, he would contribute the injury to the accident, although some people would give a longer time frame. The claimant's failure to seek treatment for her back injury immediately after the accident is understandable. The evidence shows that she thought the pain would go away on its own. The claimant tried working. Dr. Leoni also testified it is not unusual for people to try to continue working after receiving an injury, until the pain reaches the point where it is intolerable. In fact, Dr. Leoni further testified the claimant may have overdone it a bit. The claimant needed her job and did not want to jeopardize her future employment status. (Record citations omitted.)
In our review of the record, we are mindful that the above factual findings of the workers' compensation judge are subject to the manifest error standard of review. See Chaisson v. Cajun Bag & Supply Co., 97-1225 (La. 3/4/98); 708 So.2d 375; Olander v. Schillileagh's, 99-1896 (La.App. 3 Cir. 4/19/00); 759 So.2d 261, writ denied, 00-1416 (La. 9/15/00); 768 So.2d 1279.
As seen from the written reasons, Ms. White testified that pressure in her back and groin pain developed within one to two weeks after the June 18, 1999 fall. Richard Boutte, the claimant's boyfriend, and Cynthia Cassisa, a close friend of the claimant, each testified that Ms. White verbalized complaints of back pain within this period. Although she did not report groin pain to physicians until October 1999, and back pain until November 1999, the claimant testified at trial that she initially attributed the groin pain to a gynecological condition and that she felt that she could "go on." She continued to work at this time. After she reported the pain and a hernia was diagnosed, she attributed the pain to that condition. When her back and groin complaints continued after the hernia surgery, however, she was referred to Dr. Leoni. As explained above, Dr. Leoni found that the claimant had sustained a herniated disc. When asked whether the fall, as described by Ms. White, could have caused her condition, Dr. Leoni responded, "Yes." When asked whether it could also have aggravated a degenerative condition, Dr. Leoni responded, "Correct."
As pointed out by FMC, Dr. Leoni explained that, generally, injuries arising from an accident manifest themselves within six weeks. While Ms. White may not have reported her injuries within this time frame, if the workers' compensation made credibility determinations in her favor, the record indicates that her symptoms arose within one to two weeks after the fall. Her failure to report this condition, which she believed might resolve and which she described as worsening over time, does not prohibit a finding of causation. As the workers' compensation judge apparently made the necessary credibility determinations in the claimant's favor and these determinations are best left to the trier of fact, we find no manifest error in the finding that the back condition was related to the work-related accident.
Causation of Neck Condition
Next, FMC contests the determination that Ms. White's neck condition resulted from the June 18, 1999 fall. In particular, the employer points out that the claimant did not report neck or arm complaints to a physician until a year after the accident and that Dr. Leoni explained during his testimony that, in his opinion, complaints arising more than six weeks after an accident are generally not attributable to the accident. Finally, FMC addresses a discrepancy between Ms. White's trial testimony, where she testified that her neck complaints first a
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