 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Durham v. Plum Creek Manufacturing5/10/2000
re the plaintiff worked. He testified that on the last day the plaintiff worked, he said his back was hurting. However, the plaintiff did not tell Smith he had an accident. He said that he had to help the plaintiff to his truck on the last night he worked.
Margie Turner worked at Plum Creek in the same area as Mr. Durham. In her deposition, she stated that before April 1998, the plaintiff did not complain of back problems and was able to get on and off his forklift without difficulty. In April 1998, she observed that the plaintiff appeared to be in pain while walking. After that time, he also appeared to have difficulty getting on and off the forklift. She stated that the plaintiff did not return to work at Plum Creek after he sought medical treatment.
Sheila Martin stated in her deposition that she worked in the same area as the plaintiff and observed him to be in pain. He told her that he injured his back at work, but she did not know what day the alleged injury occurred. The plaintiff told her that he had informed his supervisor, Jimmy Atwell, of the accident but that he had not been released from work to seek medical attention. She stated that she had not noticed the plaintiff having back problems before that time. According to Ms. Martin, the plaintiff worked three or four days from the time she noticed him experiencing discomfort before he went to the doctor.
Irma Lewis also worked in the same area of the mill as the plaintiff. She noticed him experiencing difficulty getting on and off the forklift. She did not remember how the plaintiff hurt his back, but did notice him in pain shortly before he stopped working.
On May 1, 1998, the plaintiff went to Dr. John P. Sandifer, the orthopedic surgeon who had previously treated him for a back injury . The plaintiff reported that a week to ten days earlier, he began having a lot of trouble with his left lower back. X-rays of the plaintiff's back showed that he had a marked decrease in the disc space at the L5-S1 level. The complaints and findings were similar to those in 1993. A May 19, 1998 MRI showed that the plaintiff had a ruptured disc at this level. The MRI showed a possible extruded fragment, meaning that the disc material was displaced.
Dr. Sandifer thought the plaintiff's back problems in 1993 were work-related. Regarding whether the present injury was caused by an accident at work, Dr. Sandifer said, "I think the key thing now or whether this is work related in `98 would be what his interim work history was you know. Did he have a lot of medical treatment for back problems, hip and leg pain?. . . I think the interim work history is going to be the most important thing as far as trying to determine that." Dr. Sandifer noted that when he saw the plaintiff in 1998, Mr. Durham did not report extensive back pain in the five years since his last visit. Dr. Sandifer also commented that, in order for the plaintiff to have returned to work on his forklift after the 1993 injury, he would have had to have had a significant improvement in his condition.
The plaintiff was referred to Dr. Carl Goodman for surgery on his back. Dr. Goodman stated that the plaintiff reported a prior back injury in 1993 and that he had recently jarred his back while working. Dr. Goodman performed surgery on the plaintiff's ruptured disc on June 9, 1998. Dr. Goodman found that the plaintiff's condition appeared to be long standing. The plaintiff developed a disc space infection following surgery. Dr. Goodman stated that this can sometimes take one year to heal and the plaintiff would not be able to work until the infection was resolved. Dr. Goodman stated that the plaintiff's condition was more probably than not caused
Page 1 2 3 4 5 6 7 Louisiana Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|