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Ville Platte Medical Center v. Mcglynn3/6/2002
solved prior to the work-related accident of February 23, 1999. It points to medical records from both physicians it contends demonstrate Ms. McGlynn's continued progress up until the August 1999 termination of benefits.
The workers' compensation judge concluded that Ms. McGlynn's testimony, along with Dr. Vidrine's medical records, demonstrated that any injury Ms. McGlynn sustained in the December 1998 automobile accident had resolved prior to the work-related accident. In written reasons for ruling, the workers' compensation judge explained:
Disability was proved by a preponderance of the evidence.
The medical records of Dr. Vidrine, Dr. Rees and Dr. Hodges show that the injury disabled Ms. McGlynn. These medical records are also bolstered by the testimony of Ms. McGlynn. The medical records establish that the disability continued until August, 2000. Dr. Vidrine released Ms. McGlynn to return to work at this time. Dr. Rees felt that Ms. McGlynn could return to work in July of 1999 at a sedentary job with a restriction of four hours per shift. Dr. Hodges felt she could return to work with some restrictions in November of 2000. At no time were any jobs offered to Ms. McGlynn within the restrictions placed on her by her physicians. Burt Ashman testified that in August 1999, Ms. McGlynn was not capable of earning ninety percent of her average weekly wage.
Supplemental earnings benefits are owed from August 1999 to August 2000 at the maximum rate. In August 2000, Ms. McGlynn was returned to work by Dr. Vidrine and has been working since that time.
On appeal, a workers' compensation judge's factual findings are subject to the manifest error or clearly wrong standard of review. Chaisson v. Cajun Bag & Supply Co., 97-1225 (La. 3/4/98); 708 So.2d 375. Our review of the record reveals no such error.
According to Ms. McGlynn, the back pain from her December 1998 automobile accident subsided prior to her work-related accident. According to her testimony and Dr. Vidrine's deposition testimony, an injection Ms. McGlynn received on February 5, 1999, gave her relief from her complaints of pain following the automobile accident. Ms. McGlynn testified that she was working forty-hour weeks between the time of the injection and the work-related accident. Following the February 23, 1999 lifting accident, Ms. McGlynn began reporting to Dr. Vidrine with complaints of right sacroiliac joint pain. Both Dr. Vidrine and Dr. Rees testified in their depositions that Ms. McGlynn was suffering from an exacerbation of a prior injury . Dr. Hodges, the employer's choice of physician, testified that the type of injury suffered by Ms. McGlynn could be caused by lifting and that it could aggravate a pre-existing condition.
As for Ms. McGlynn's ability to return to work, the employer contends that the records demonstrate that she steadily improved following the accident and that Dr. Rees' records indicate that: "At the end of May, he felt she could return to working as a registered nurse within six to eight weeks of that visit. He makes note again of her return to work on July 27 and August 11, 1999, however, on these dates he notes that she should return in a sedentary nature with frequent position changes." Our review indicates that the physicians were optimistic about Ms. McGlynn's return to employment. However, Ms. McGlynn was not returned to work and the physicians' depositions indicate that her level of pain was not constant, with Ms. McGlynn often reporting periods of improvement. Dr. Vidrine felt that Ms. McGlynn was able to return to work in August 2000, one year after benefits were terminated in August 1999. He explained that an earlier return would
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