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Johnson v. T. K. Stanley2/28/2001
HONORABLE BILLIE COLOMBARO WOODARD
AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.
This workers' compensation litigation arose from an accident which Mr. Leonard B. Johnson sustained while in the course and scope of his employment with T. K. Stanley, Inc. (TK), on July 9, 1997 (the 1997 accident). The workers' compensation judge (WCJ) ordered that TK pay for the cost of a surgery and awarded Mr. Johnson Total Temporary Disability benefits (TTDs) and attorney's fees. The main issue raised by this litigation is whether the 1997 accident caused Mr. Johnson's injury . We find that the medical evidence in the record supported the WCJ's decision.
However, this litigation also raised the issue of whether Mr. Johnson was entitled to TTDs. An employee is entitled to TTDs upon proving, by clear and convincing evidence, physical inability to engage in any employment. Although we find the WCJ's decision to be supported by medical evidence, we also find that Mr. Johnson resumed work with TK for a period of time, which we cannot determine with precision from the record. We also find the record to be unclear regarding the extent of Mr. Johnson's work and wages during this period of time. Accordingly, we remand the case to the WCJ to have him consider this issue. We affirm in part, reverse in part, and remand.
On July 9, 1997, Mr. Leonard B. Johnson, experienced an accident while in the course and scope of his employment as a swamper with TK. This specific event formed the basis of Mr.Johnson's current claim, yet, this was only one of countless accidents which he had suffered throughout his professional career. Indeed, the record reveals, that he was involved in a car accident in 1985, a crewboat accident in 1986, and a truck fall accident 1991. More recently, in April of 1995, he was injured while in the course and scope of his employment with TK when attempting to unload a truck. Finally and unfortunately for Mr. Johnson, he endured another car accident in July of 1998. Mr. Johnson's medical history is well documented. Specifically, following the 1995 accident, Mr. Johnson complained, inter alia, of lower back pain, radiating, mainly, down to the back of his right. Mr. Johnson originally consulted with Dr. Michael Lee, a licensed chiropractor, who referred him to Dr. John E. Cobb, an orthopedic surgeon. Dr. Cobb interpreted the lumbar x-rays then conducted to show a "moderate degree of adaptive changes at the facet joints[.]" Litigation ensued between TK and Mr. Johnson while he still worked for TK in a light duty capacity. The parties, however, settled this first suit on June 28, 1999.
The circumstances, surrounding the 1997 accident, arose on July 9, 1997, when Mr. Johnson tried to help Mr. Harry Hollier, a truck driver for TK, move a Grey Wolf 509 drilling rig in Kaplan, Louisiana. He stood on a trailer, picked up a block, and stepped on a board which had not been bolted to the trailer's floor. One of the boards' sides raised in a "see saw effect." Mr. Johnson fell through a hole, which the board covered, straddling an I-beam and hitting his groin area on his way down. Mr. Hollier witnessed the accident. He helped Mr. Johnson back into a sitting position in which he remained for approximately ten minutes. Then, he rose back up and went back to work. He advised TK's night dispatcher regarding the accident and his injuries at approximately 10 p.m. that evening. Mr. George A. Cook, TK's manager, was made aware of Mr. Johnson's accident the following morning.
In the accident report which Mr. Johnson filed, he described the nature and extent of his injury as " ack and abdominal, groin pain!!" He visited Dr. Lee to whom he related groin pain, as well as
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