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Marsh Buggies12/28/2001
In this workers' compensation action, it is undisputed that the claimant suffered an injury to his cervical spine as a result of an employment-related accident. The employer contests that claimant's subsequent complaints of lumbar pain and elevated blood sugar levels stem from the accident on the job. The employer now appeals from a judgment in favor of claimant. We affirm in part and reverse in part.
FACTS AND PROCEDURAL HISTORY
On September 22, 1997, Carl A. Ledet was injured in the course of his employment as a crane operator with Marsh Buggies, Inc. On that date, Mr. Ledet was reported to have sustained injury to his neck and right shoulder while moving a 55-gallon drum of fuel. It is undisputed that Mr. Ledet injured his cervical spine as a result of the accident on the job , and based upon the record before us, is still being treated for his cervical injury. To date, Mr. Ledet has undergone three cervical fusion surgeries. Said medical treatment was authorized by Mr. Ledet's employer, Marsh Buggies, Inc., which has paid, and continues to pay, Mr. Ledet $350.00 per week, the maximum rate of compensation.
During the course of his treatment, Mr. Ledet expressed complaints of pain in his lower back. His treating physician recommended a series of steroidal treatments, which were subsequently authorized by his employer for treatment of this condition. As a result of the steroidal treatment, Mr. Ledet experienced elevated blood sugar levels. Marsh Buggies, Inc., in its capacity as Mr. Ledet's employer, filed a Disputed Claim For Compensation form denying all responsibility for medical treatment of Mr. Ledet's lower back and diabetic conditions.
A hearing was held in this matter on March 30, 2000. At the hearing, the parties stipulated that Mr. Ledet was an employee of Marsh Buggies, Inc., and that he was injured in the course and scope of his employment on September 22, 1997. The parties further stipulated that as a result of said accident, Mr. Ledet sustained an injury to his neck for which he was receiving medical treatment, and that he remained temporarily totally disabled. The parties also stipulated that Mr. Ledet was presently being paid the maximum compensation rate of $350.00 per week.
Following the hearing, the workers' compensation judge requested that both parties submit post-trial memorandums. A judgment was subsequently issued on May 15, 2000, decreeing that Mr. Ledet's "lower back and diabetes were aggravated by the work-related accident" and his employer, Marsh Buggies, Inc., was directed to pay for treatment of these conditions. Additionally, the workers' compensation judge concluded that Marsh Buggies, Inc., "did not act arbitrary, capricious, or without probable cause in handling of this matter due to the particular circumstances concerning the injuries of [Mr.] Ledet." Under the terms of the judgment, Marsh Buggies, Inc. was ordered to pay court costs. From this judgment, Marsh Buggies, Inc. has appealed.
ISSUES
In connection with its appeal in this matter, Marsh Buggies, Inc. raises the following issues for review by this court:
1) Whether Mr. Ledet met his burden of proving that the job accident resulted in a lower back injury and a worsening of his diabetes condition when the unanimous medical testimony stated that these conditions are not related to the job injury, and his lay testimony is not supported by any of the six doctors who treated him?
2) Whether Mr. Ledet met his burden of proving that he needs additional treatment for his alleged diabetes condition and that this additional treatment is related to his job accident when he failed to present any medical evidence
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