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Williams v. Tri-State Physical Therapy Inc.6/25/2003
Billy R. Williams ("Billy") and his wife, Sharon A. Williams ("Sharon"), appeal the trial court's granting of Tri-State Physical Therapy, Inc. ("Tri-State") and Amy Barnes' ("Amy") Exception of Liberative Prescription on November 4, 2002, which dismissed Billy's claims with prejudice. We find the trial court was manifestly in error and clearly wrong in sustaining the exception and thus, we reverse the judgment of the trial court and remand for further proceedings.
Factual Background
Billy was involved in a work-related accident on or about June 15, 1997, when he injured his lower back at the L5-S1 lumbar disk while moving the fifth wheel on his tractor-trailer rig. At the time of his injury , Billy was employed as a truck driver for Roadway Express ("Roadway"). He initially presented himself for medical care in Texas where he was working. On June 1, 1997, he sought the medical care of Lewis C. Jones, M.D. of the Orthopaedic Specialist Center ("the Center") in Shreveport, Louisiana, for his back injury. While receiving medical treatment at the Center, Billy began treatment under the care of Austin Gleason, M.D. ("Gleason"), a partner of Dr. Jones. Gleason prescribed a conservative treatment regimen for Billy including physical therapy and medication for his rehabilitation.
Billy was referred to Tri-State by Gleason for therapy which included a "work hardening" program to assist Billy in getting back to his job . The relationship between Gleason and Tri-State was such that Gleason would order certain physical therapy routines and tests for Billy, and Tri-State in turn would report to Gleason regarding Billy's therapy performance and test results. Tri-State made no decisions relative to Billy's therapy regimen and relied solely on the therapy procedure directives of Gleason. During Billy's therapy program, Roadway required Billy to undergo a Functional Capacity Evaluation ("FCE") with Tri-State, which was ordered by Gleason to ascertain Billy's medical standing for returning to work. Billy's therapy records indicate that as of January 20, 1998, he was successfully lifting 25 pounds, which was required of him to be able to return to work.
On or about January 28, 1998, Gleason noted in a Physical Therapy Team Conference Report ("Report") to Tri-State, that although Billy had achieved his lifting potential of 48 pounds through therapy and work hardening, Gleason was concerned that the FCE requirement of lifting 100 pounds would expose Billy to an undue risk of re-injuring his back. The FCE was scheduled for February 13, 1998 and was conducted by therapist, co-defendant and co-appellee, Barnes. During the FCE, Billy was required to lift 100 pounds of weight under the supervision of Barnes, and during the lift, Billy experienced severe pain in his lower back. Gleason's post- February 13, 1998 Progress Report ("report") notes reflect that Roadway required that Billy successfully lift 100 pounds during the FCE caused Gleason some concern.
Following the FCE, Billy continued treatment with Gleason for his back pain, as well as therapy with Tri-State, as ordered by Gleason. Gleason's report of June 8, 1998, shows that because Billy was still experiencing pain during therapy treatments he advised Billy that his injury sustained during the FCE on February 13, 1998 had "aggravated his situation and set him back significantly." Following the February 13, 1998 re-injury, Billy experienced the ebb and flow of progress and set-backs, as are reflected in Gleason's medical chart, records and reports. For example, Gleason noted on March 19, 1998 that Billy's February 13, 1998 injury was hopefully a "temporary exacerbation," while the April 3, 1998 progress report noted that Bi
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