Thomas v. Gates, Inc., 959

• Court: Court of Appeal of Louisiana (US)
• Writing for the Court: HOOD
• Citation: 157 So.2d 263
• Parties: Monroe THOMAS, Jr., Plaintiff and Appellant, v. GATES, INC., Defendant and Appellee.
• Docket Number: No. 959,959
• Decision Date: 30 October 1963

Page 263

157 So.2d 263 Monroe THOMAS, Jr., Plaintiff and Appellant,
v.
GATES, INC., Defendant and Appellee. No. 959. Court of Appeal of Louisiana, Third Circuit. Oct. 30, 1963.
Rehearing Denied Nov. 20, 1963.

Page 264

Gravel, Sheffield & Fuhrer, by Martin L. Laird, III, Alexandria, for plaintiff-appellant.

C. W. Berry, Jr., Oakdale, for defendant-appellee.

Before SAVOY, FRUGE and HOOD, JJ.

HOOD, Judge.

This is a workmen's compensation suit instituted by Monroe Thomas, Jr., against his employer, Gates, Inc., in which plaintiff alleges that he is totally and permanently disabled as the result of an injury to his left hand. Plaintiff has been paid compensation benefits for a period of 70 weeks, being the amount of compensation provided in the Workmen's Compensation Act for the loss of the index, middle and ring fingers, but defendant denies that plaintiff is totally and permanently disabled or that he is entitled to any other benefits. After trial on the merits, judgment was rendered by the trial court rejecting plaintiff's demands, and plaintiff has appealed.

The sole issues presented on this appeal are: (1) Whether plaintiff is totally and permanently disabled within the meaning of the Louisiana Workmen's Compensation Act; and (2) If so, whether he is entitled to recover penalties and attorney's fees under the provisions of LSA-R.S. 23:1201.2.

On November 1, 1960, plaintiff sustained an injury to his left hand as he was cutting lumber with electrically powered saws during the course of his employment by defendant. The defendant at that time was in the lumber business, and a part of its business included the operation of a sawmill and a mill work factory. Plaintiff was employed by defendant as a common laborer around the sawmill and factory, and at the time the accident occurred he was engaged in 'equalizing' lumber, that is, he placed boards on a movable table and while holding the boards in place with his hands he

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pushed the table into two power driven circular saws which cut the timber into uniform lengths. While performing this duty his left had accidently came in contact with one of these saws, causing the injury which forms the basis for this claim.

As a result of this accident, it was necessary to amputate all of the ring finger, all of the middle finger and the two distal phalanges of the index finger of plaintiff's left hand. The only digits now remaining on plaintiff's left hand are the thumb, the little finger and a very short stub of the index finger. The back of the hand also was cut severely in the accident, but these cuts healed satisfactorily, and although large, noticeable scars were left there was no residual disability from these particular cuts. The thumb and little finger of the hand have normal range of flexion. The remaining stump of the index finger has full flexion, but it lacks approximately twenty degrees of extension. Plaintiff has only a slight pinch between the thumb and index finger stump, his ability to grasp in that manner being so poor that he has learned to use the thumb and fifth finger (or little finger) almost entirely for holding or picking up objects with that hand. The grasp between the thumb and fifth finger, however, has almost no strength.

Although defendant contends otherwise, we think the evidence establishes that plaintiff developed a neuroma of the stump of the amputated index finger. A neuroma is described by the medical experts as a tumor of nerve tissue. All of the doctors agree that a neuroma is sensitive to touch, and that a person who has a neuroma of the stump of an amputated finger will experience a shooting type pain when that part of the hand comes in contact with an object. This condition is permanent unless the neuroma is removed by surgery.

The trial judge concluded that plaintiff is not totally disabled, but, on the contrary, he found that plaintiff was able to perform all of the duties of his employment by the time the payment of compensation benefits was discontinued. The trial judge, however, made no finding as to whether plaintiff did or did not have a neuroma. He based his decision largely on medical testimony to the effect that plaintiff could perform work which 'didn't require a lot of manual dexterity with his left hand,' and on a finding that plaintiff has never been required to do hard manual labor while working for defendant, he has never adjusted any power tools, the extent of his work was limited to feeding boards to a power saw, he handled only light lumber, and no skill and very little manual effort was required in the performance of his duties.

We have concluded that plaintiff does have a neuroma of the stump of the index finger of his left hand, and we think the fact that he suffers pain when that part of his hand comes in contact with an object is an important factor to consider in determining whether he is disabled.

We agree with the trial judge that plaintiff was an unskilled laborer and that he has never adjusted any power tools, but we are unable to agree with the finding that 'plaintiff has never been required to do hard manual labor while working for defendant,' that 'the extent of plaintiff's work was limited to 'feeding' boards to a power tool described as an equalizer,' and that plaintiff handled only light lumber. The principal stockholder of the defendant...