 |
 |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|
|
|
|
Andrus v. Crowley Laundry & Dry Cleaners11/5/2003
PUBLISHED
REVERSED AND RENDERED.
Claimant, Sidney Andrus, appeals a judgment of an Office of Workers' Compensation (OWC) judge denying his claim for benefits during the disputed period of time (between November 29, 2000 and August 14, 2001), but granting Claimant the right to be treated by an orthopaedist of his own choosing, at Defendant's, Crowley Laundry and Dry Cleaners, Inc.'s, expense. We reverse the judgment of the OWC and render judgment in favor of Claimant as set out below.
DISCUSSION OF THE RECORD
Both parties agree that Claimant had the distal portion of his right ring finger amputated in a work-related accident on May 4, 2000. Claimant was working at Crowley Laundry & Dry Cleaners at the time of the accident. Claimant also worked a second job as a porter at the Rice Palace in Crowley. The injury to his finger was treated at the emergency room of American Legion Hospital by Dr. Michael Holland. Subsequently, on July 7, 2000, Dr. Holland performed an amputation-revision of Claimant's finger tip. Claimant continued to see Dr. Holland through November 29, 2000, complaining of "finger pain and a cold hand." Noting that Claimant's revision "wound healed beautifully," Dr. Holland discharged Claimant from his care at that time. According to Dr. Holland's records from Claimant's November 29th visit, Claimant had reached maximum medical improvement on August 17, 2000, and was released to go back to work at that time. The records also indicate that Claimant was "working full-time at the Rice Palace and doing fine." Based upon the report of November 29, 2000, Defendant terminated Claimant's compensation benefits effective that date.
An affidavit from Jo Ann S. Broussard, the manager of the Rice Palace, established that Mr. Andrus had worked 517.09 hours between August 13 and October 30, 2000, when he was terminated for non-performance.
Following discharge by Dr. Holland, Claimant filed a claim with the OWC for continued weekly benefits. He also filed a Motion and Order to Provide Medical Treatment, in which he sought treatment from another orthopaedist of his choosing. Claimant's case was assigned to OWC Judge Constance Abraham-Handy, who ordered an independent medical examination (IME) by Dr. Gary L. Porubsky, and reserved Claimant's right to reargue that portion of his motion seeking treatment from another orthopaedist of his choice.
The IME was performed on February 12, 2001. Dr. Porubsky's report of the IME is equivocal as to Claimant's ability to work stating (emphasis ours):
He should work on desensitization of the tip of the digit. He may benefit from utilizing a transdermal gel to deliver a nonsteroidal anti-inflammatory agent topically. I would place him on a nonsteroidal anti-inflammatory agent at this time. I would instruct the patient to return to gainful employment and wear a loose fitting glove to protect the tip of the digit. Hopefully by utilizing the transdermal gel and a nonsteroidal anti-inflammatory agent he would tolerate wearing gloves and returning to gainful employment.
Following Dr. Porubsky's examination, on May 21, 2001, Claimant refiled his motion seeking treatment from another orthopaedist of his choice. That motion was heard before OWC Judge Abraham-Handy on July 19, 2001. She denied Claimant's motion on July 26, 2001, finding that Dr. Holland was Claimant's "de facto" orthopaedic choice and limiting Claimant to orthopaedic treatment from either Dr. Holland or Dr. Porubsky (a writ on that ruling was taken to this court and denied).
Dr. Porubsky re-evaluated Claimant on August 14, 2001. His report of that examination reads, in part as follows:
Page 1 2 3 4 5 Louisiana Employee Leasing Services
Employee Leasing Services
|
| |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|