Articles Posted in Personal Injury

by
The workers’ compensation claimant in this case, Paula Clavier, injured her neck, shoulder, and back while attempting to lift what she thought was a lightweight box, but which actually contained a heavy cast iron sink. The accident occurred within the course and scope of her employment with Coburn Supply Co., Inc. (“Coburn”). Clavier sought medical treatment on the day of the accident, and she continued to receive treatment as of the hearing date. A work status report by Clavier’s treating physician, defendants sought to have her examined by a physician of their choice. Clavier refused to attend a functional capacity evaluation (FCE), scheduled by defendants at the Fontana Center in Lafayette, Louisiana. Defendants filed a “Motion to Compel Functional Capacity Evaluation or Alternatively to Reduce Benefits or in the Further Alternative for Appointment of an independent medical evaluation (IME). The Louisiana Supreme Court granted review to determine whether an employee has a right to select a non-physician medical provider to perform an FCE at the employer’s expense for the purpose of contesting the results of a prior FCE that was performed by an employer-referred physical therapist. An Office of Workers’ Compensation (“OWC”) ruled in defendants’ favor, finding Clavier could not compel defendants to pay for an FCE by a physical therapist of her choosing. Finding no reversible error in the OWC judge’s ruling, the Supreme Court affirmed. View "Clavier v. Coburn Supply Company, Inc." on Justia Law

by
A workers’ compensation claimant sought review of a judgment from the Office of Workers’ Compensation affirming the decision of the Medical Director denying his physician’s request for trial of a spinal cord stimulator. The court of appeal affirmed the ruling of the Office of Workers’ Compensation that the claimant had failed to show the Medical Director’s decision was not in accordance with the Medical Treatment Guidelines. Because the Supreme Court found the Medical Director and the Office of Workers’ Compensation misinterpreted the language of Louisiana Administrative Code, and thus misapplied the Medical Treatment Guidelines on neurostimulation to the claimant’s case, it reversed the lower court’s ruling and found the Office of Workers’ Compensation erred in affirming the decision of the Medical Director. View "Gulley v. Hope Youth Ranch" on Justia Law

by
In 2003, plaintiff Kimberly Thibodeaux became pregnant with her fourth child. Dr. James Donnell was her obstetrician-gynecologist throughout her pregnancy. During the course of the pregnancy, plaintiff was diagnosed with complete placenta previa and, in mid-November, at approximately 29 weeks pregnant, she was hospitalized for four days. Upon Dr. Donnell’s referral, she consulted a maternal/fetal medicine specialist who handled high risk pregnancies; the specialist recommended rest, limited activity, and delivery of plaintiff’s child at 36-37 weeks gestation. Plaintiff returned to the hospital with renewed vaginal bleeding and contractions. Dr. Donnell delivered plaintiff’s child via cesarean section. Shortly after the baby’s delivery, Dr. Donnell performed an emergency cesarean hysterectomy, which entailed removal of plaintiff’s uterus and cervix. After completing the hysterectomy, and while preparing to close plaintiff’s abdomen, Dr. Donnell discovered a large laceration to her bladder, which he repaired himself. After completing the surgery, Dr. Donnell ordered a test to determine if the bladder repair was successful. The test revealed that the bladder sutures were obstructing plaintiff’s ureters, the tubes that drain urine from the kidney into the bladder. This obstruction was then confirmed by a cystoscopy performed by a urologist, Dr. Robert Alexander, consulted by Dr. Donnell. The same day as the birth and cesarean hysterectomy, Dr. Alexander reopened plaintiff’s abdomen, removed the bladder sutures to free the ureters, and re-repaired the bladder laceration. Plaintiff followed up again with Dr. Alexander in late April 2004. Although her bladder healed, plaintiff continued to see Dr. Alexander for three years with irritative bladder symptoms, including urinary frequency every 30-60 minutes, urgency, urine leakage, painful urination, painful sexual intercourse, urination during sexual intercourse, excessive nighttime urination, and abdominal pain. Dr. Alexander diagnosed her with interstitial cystitis, also known as painful bladder syndrome, and prescribed medications, none of which relieved plaintiff’s symptoms. According to Dr. Alexander, plaintiff’s diminished bladder capacity was permanent. The Supreme Court granted review of this case to determine whether the court of appeal properly assessed damages under the principles set forth in “Coco v. Winston Industries Inc.,” (341 So. 2d 332 (La. 1976)). The Court found that, because the court of appeal found manifest error in the jury’s factual findings, the appellate court should have instead performed a de novo review of damages under the principles outlined in “Mart v. Hill,” (505 So. 2d 1120 (La. 1987)). Accordingly, the Court reversed the court of appeal and remanded back to that court for reconsideration under the proper caselaw precedent. View "Thibodeaux v. Donnell" on Justia Law

by
Customers of an indoor trampoline park, of Sky Zone Lafayette, must complete a “Participant Agreement, Release and Assumption of Risk” document (“Agreement”) prior to entering the facility. The Agreement contains a clause waiving the participant’s right to trial and compelling arbitration. Plaintiff, James Duhon, was such a customer, and was injured in the course of participating in the park’s activities. After plaintiff filed suit seeking damages, Sky Zone moved to compel arbitration pursuant to the Agreement. The district court overruled Sky Zone’s exception, but the court of appeal reversed, finding the arbitration provision should be enforced. After review, the Supreme Court found that the arbitration clause in the Sky Zone agreement was adhesionary and therefore unenforceable. View "Duhon v. Activelaf, LLC" on Justia Law

by
Customers of an indoor trampoline park, of Sky Zone Lafayette, must complete a “Participant Agreement, Release and Assumption of Risk” document (“Agreement”) prior to entering the facility. The Agreement contains a clause waiving the participant’s right to trial and compelling arbitration. Plaintiff Theresa Alicea executed the Agreement prior to her husband, Roger Alicea, taking their minor sons to Sky Zone. The Aliceas’ son, Logan, was injured while jumping on a trampoline. The Aliceas filed suit against Sky Zone, individually and on behalf of Logan. Sky Zone moved to compel arbitration pursuant to the Agreement. The district court overruled Sky Zone’s exception and the court of appeal denied Sky Zone’s writ application. After review, the Supreme Court held the arbitration clause in the Sky Zone agreement was adhesionary and therefore unenforceable. Accordingly, the Court affirmed the rulings of the lower courts. View "Alicea v. Activelaf, LLC" on Justia Law