 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Marsh Buggies12/28/2001
to support this claim?
STANDARD OF REVIEW
Factual findings in a workers' compensation case are subject to the manifest error or clearly wrong standard of appellate review. Banks v. Industrial Roofing & Sheet Metal Works, Inc., 96-2840, p. 7 (La. 7/1/97), 696 So.2d 551, 556. As an appellate court, we cannot set aside the factual findings of the workers' compensation judge unless we determine that there is no reasonable factual basis for the findings and the findings are clearly wrong (manifestly erroneous). Stobart v. State, Department of Transportation and Development, 617 So.2d 880, 882 (La. 1993). If the findings are reasonable in light of the record reviewed in its entirety, an appellate court may not reverse even though convinced that had it been sitting as the trier of fact, it would have weighed the evidence differently. Furthermore, when factual findings are based on the credibility of witnesses, the fact finder's decision to credit a witness's testimony must be given "great deference" by the appellate court. Rosell v. ESCO, 549 So.2d 840, 844 (La. 1989). Thus, when there is a conflict in the testimony, reasonable evaluations of credibility and reasonable inferences of fact should not be disturbed upon review, although the appellate court may feel its own evaluations and inferences are as reasonable. Id.
DISCUSSION
After a thorough review of the record in this matter, we note that following the September 22, 1997 accident, Mr. Ledet was initially seen by Dr. Shaunda P. Jones on September 25, 1997. Mr. Ledet was diagnosed with a "trapezius and right shoulder strain." He was later seen by Dr. John H. Vockroth, III, who made a diagnosis of "mechanical upper back pain" and "right shoulder pain."
From that office, Mr. Ledet was referred to an orthopedist, Dr. L. Thomas Cashio, on October 13, 1997. Dr. Cashio's office notes state that "[patient] twisted while pulling on an object work." In a letter to Mr. Ledet's employer the following day, Dr. Cashio noted that x-ray examinations revealed some "anterior longitudinal ligament calcifications at L5-6 and 6-7." Additionally, a patient information sheet from Dr. Cashio's office dated October 14, 1997, describes the injury sustained by Mr. Ledet as a "neck, back, & shoulder injury." These findings are significant because they substantiate Mr. Ledet's trial testimony that he advised each of his treating physicians of his lower back complaints.
After treating Mr. Ledet conservatively, Dr. Cashio referred Mr. Ledet to a neurologist, Dr. Richard M. Warren, and ultimately, Dr. John C. Steck of the same office. In August 1998, after having undergone an anterior cervical fusion at C5-6 in December 1997, Mr. Ledet complained of cervical as well as low back pain to Dr. Steck. Due to Mr. Ledet's persistent reports of low back pain, a series of lumbar epidural steroids were prescribed by Dr. Steck. Noting that Mr. Ledet denied having back problems prior to his accident at work, Dr. Steck indicated "there a relationship, at least temporally", between his low back condition and the injury to his cervical spine.
The lumbar epidural steroid injections were ultimately authorized by Mr. Ledet's employer and were performed on January 6, 1999, along with an anterior cervical fusion at C3-4. The steroid injections gave rise to an elevated blood sugar and a diabetes diagnosis from which Mr. Ledet continues to suffer.
The workers' compensation judge concluded that Mr. Ledet's neck, lower back, and diabetes resulted from his work-related injury and that Mr. Ledet's employer, Marsh Buggies, Inc., is responsible for his treatment. Based on our thorough review of this record, we
Page 1 2 3 4 Louisiana Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
By using the system, you agree to TERMS OF SERVICE
|