Johnson v. Travelers Ins. Co.

• Decision Date: 26 December 1972
• Docket Number: No. 9080,9080
• Citation: 271 So.2d 559
• Parties: David JOHNSON, Jr. v. The TRAVELERS INSURANCE CO. et al.
• Court: Court of Appeal of Louisiana — District of US

Page 559

271 So.2d 559

David JOHNSON, Jr. v. The TRAVELERS INSURANCE CO. et al.

No. 9080.

Court of Appeal of Louisiana, First Circuit.

Dec. 26, 1972.

Rehearing Denied En Banc Jan. 31, 1973.

Writ Granted March 15, 1973.

Robert R. Rainer, Baton Rouge, for appellant.

Wm. A. Norfolk, Taylor, Porter, Brooks & Phillips, Walton Barnes, Baton Rouge, for intervenor-appellees.

Before LANDRY, TUCKER, and PETERS, JJ.

LANDRY, Judge.

Plaintiff appeals rejection of his demand for maximum workmen's compensation benefits for alleged total permanent disability resulting from aggravation of a pre-existing arthritic condition. We affirm and concur in the trial court's conclusion that appellant has failed to show causal relationship between the accident and his present condition. An attorney, who formerly represented appellant and who negotiated a compromise rejected by appellant, has intervened herein. Said attorney seeks recovery from appellant of a stipulated fee in the sum of $400.00, should appellant emerge victorious. Our rejection of appellant's claim obviates the need for considering intervenor's demand.

For all practical purposes, defendants admit the occurrence of the accident on July 16, 1970. Appellant, a 52 year old bricklayer's helper, received a low back injury while attempting to slide a bale of bricks along a scaffold at the third story level of a building being constructed on the campus of Southern University. The bale weighed approximately 400 pounds. Plaintiff fell when he stepped into a hole in the scaffold flooring. The mishap was reported immediately to appellant's superior, Riddle, who authorized appellant to seek medical aid. Appellant had been a laborer in the construction trade all of his life. At the time of his injury, appellant was employed by Riddle Masonry Company, Inc.

The evidence is overwhelmingly to the effect that appellant was a steady worker who never experienced any back pain or discomfort whatsoever preceding the accident. Appellant so testified, as did his acquaintances and co-workers, David Hunter, Louis Reed and Joe Carter.

Appellant saw Dr. Harry Morris, General Practitioner, on the date of the accident. Dr. Morris' report, accepted in lieu of his testimony, indicates appellant complained of sacroiliac pain and numbness of the right leg. Examination disclosed mild pain to touch in the right sacroiliac area. Straight leg raising tests proved negative. X-rays disclosed hypertrophic degenerative changes throughout the lumber spine and congenital anomaly of the transverse process of the first lumbar vertebra. Dr. Morris prescribed pain relievers and bed rest. He diagnosed plaintiff's condition as sacroiliac sprain. The following day appellant was again seen by Dr . Morris who considered appellant improved despite appellant's complaints of pain in the back and right leg. On July 20, 1970, Dr. Morris saw appellant and found no limitation of motion. Plaintiff was last seen by Dr. Morris on July 23, 1970, at which time plaintiff reported feeling better, but stated he felt a burning sensation in the back upon standing, and neck pain when he stood erect too long. Dr. Morris again found no limitation of motion, and was of the opinion plaintiff should make a complete recovery with no residual disability.

On August 13 and 20, 1970, appellant consulted Dr. L. P. Laville, Jr., who diagnosed appellant's condition as mild residual lumbosacral strain. Dr. Laville initially prescribed diathermy, pain relievers and rest. He felt appellant was immediately able to perform light duty, and in a week could return to his normal heavy labor. On appellant's second visit, Dr. Laville considered plaintiff fully recovered and able to resume work on August 24, 1970 .

Plaintiff was seen by Dr. Charles B. Cracraft, Orthopedic Surgeon, on September 4, 1970. Dr. Cracraft's report indicates he found minimal paravertebral muscle spasm and some restriction of flexion motions of the back. He also noted that all other motions were complete, but caused some pain upon extremes. X-rays revealed no fractures, dislocations or evidence of spondylolisthesis. He did note moderate hypertrophic lipping of the lumbar vertebral bodies and considerable narrowing of the lumbo-sacral disc space posteriorly. His diagnosis was (1) strain and contusion of the low back; (2) hypertrophic arthritic changes of the lumbar spine, and (3) degenerative disc disease at the lumbo-sacral level. Physical therapy was prescribed for a week, and the patient advised to return September 11, 1970. Appellant returned September 11, 1970, and reported feeling better, but also stated he...