 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Marsh Buggies12/28/2001
find no error in the workers' compensation judge's determination that Mr. Ledet's neck and lower back complaints stemmed from his work-related injury and we affirm that portion of the judgment.
As to the diabetes problem, only Dr. John C. Steck, a neurosurgeon, gave an opinion regarding the relationship between Mr. Ledet's diabetes, the accident, and the subsequent steroid injections. In his deposition, Dr. Steck testified regarding the issue as follows:
A: . . . e had an elevated blood sugar after the epidural. I commented that I thought that was related to the steroids.
Q: If someone has diabetes . . . can an injection of the steroid cause a momentary, a short-term, an acute spiking of their blood sugars ?
A: You can. I've never seen it be a clinical problem. We've given epidural steroids to diabetics and I've never seen it be a clinical problem like it was in Mr. Ledet's case with this elevation in blood sugar. But it's reasonable to think that the steroid played some role in that elevation of his blood sugar.
Q: . . . ther than simply spiking the blood sugar and keeping it in the system maybe for a couple of days . . . is there any long-term effect . . . of giving steroids to a diabetic --
A: No.
Q: -- if Mr. Ledet's long-term diabetes worsened?
A: It has nothing to do with the steroid. (Emphasis supplied.)
Further, Dr. Steck's progress report of 1/18/99 states: [Mr. Ledet] also has recently diagnosed diabetes. He said he had a blood sugar of 600 and he was evaluated in the emergency room about three or four days ago. He is being seen today by a primary care physician in Slidell. . . . I don't think another epidural of the spine should be tried with a diagnosis of diabetes now. (Emphasis supplied.)
Dr. Steck's progress report of 3/5/99 states:
I would like to comment on Mr. Ledet's problem with elevated blood sugars recently. I really do believe that there is a relationship between this and the epidural steroid that he received. Clearly, steroids can increase blood sugar. I believe that since the epidural was given for treatment of his spinal problem, that management of his elevated blood sugar should be covered by his workmen's compensation. (Emphasis supplied.)
Mr. Ledet testified he had only three incidents of elevated blood sugar and that at the time of the trial, he was taking medication and his sugar levels were normal.
Although Dr. Steck stated the steroid injection caused the "elevated blood sugars," he did not state that it was a cause of Mr. Ledet's diabetes. In fact, Dr. Steck indicated that the effect was short-term and that the injection had no effect on the long-term diabetic condition.
It is also interesting to note that the evidence reflects that Mr. Ledet's diabetes was being treated by another physician, though said physician was not named. This doctor would certainly have been the best source of information regarding the causation of both the diabetes and the three incidents of elevated blood sugar. Moreover, no testimony, expert or otherwise, was presented by the employer to rebut Dr. Steck's testimony that the incidents of elevated blood sugar were caused by the steroid injections.
The jurisprudence is clear that even if there is a conflict in the testimony, the trial judge's choice between the two cannot be manifest error. Therefore, we are constrained by the principals of appellate review to affirm payment for these three incidents of elevated blood sugar.
However, to the extent the workers' compensation judge awarded medical expenses for Mr. Ledet's long-term dia
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.
|
|