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Jackson v. Iberia Parish Government3/20/2002
m the record that he has continued to suffer back problems since his work-related accident. His deteriorating back condition continues to manifest itself, and three of the four doctors recognize that he is suffering from a herniated disc. Furthermore, Dr. Blanda, who has treated him for the past ten years, testified that his medical condition is related to the accident. As such, the Plaintiff has met his burden of showing that he has a disability and the occurrence of an accident; thus, the accident is presumed to be causally related to his current condition.
The burden then shifted to the Defendant to show the absence of a causal connection between the injury and the accident. Lemoine, supra. In attempting to prove that the work accident did not cause the injury, Iberia relies on the testimony of Dr. Shepherd. Dr. Shepherd testified that, if the L5-S1 disc injury existed in 1992 and 1993, the injury would have appeared on the radiographic studies. Further, he suggests that the fact that the disc protrusion appeared four years later indicates that it was not caused by the employment accident; however, he offers no explanation or proof as to what could have caused the current injuries. Moreover, Dr. Laborde's reports indicated the beginnings of a disc protrusion in 1992 which continued to deteriorate into a more definite and serious disc protrusion in 1996.
Further, the Defendant tried to meet its burden by introducing evidence of an automobile accident during the trial. Jackson was injured on April 4, 1997, in an automobile accident and was treated by Dr. Wiltz with Teche Action. Dr. Wiltz provided certified medical records which were entered into evidence. Upon review of this evidence, it is my opinion that the accident was not an intervening cause for the following reasons. First, the records indicate that Jackson suffered only a neck strain for which he was treated for eight months. Second, the records do not mention treatment of Jackson's lower back. Finally, there is no mention of an aggravation of Jackson's lower back injury . As such, Iberia has failed to prove that the auto accident was an intervening event. The preponderance of the medical evidence indicates that Jackson's disc herniation in L5-S1 is causally connected to the 1992 work-related injury. For the above reasons, it is my opinion that the judgment of the Workers'Compensation judge should be reversed, and Jackson's benefits should be reinstated.
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