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Douglas v. Grey Wolf Drilling Co.11/5/2003
PUBLISHED
AFFIRMED.
Grey Wolf Drilling Company (Grey Wolf) appeals a judgment awarding a former floorhand, Shannon Douglas, $2,328.00 in temporary total disability benefits for six weeks and $6,073.40 in medical expenses for the repair of a right inguinal hernia that Mr. Douglas alleged he sustained in a work-related accident. For the following reasons, we affirm.
Discussion of the Record
Mr. Douglas, a pro se litigant, testified that he felt something pull in his right groin area as he squatted to catch a "lift sub" pipe that began to roll from the rig's rotary table between midnight and 2:00 a.m. on May 7, 2001. He explained that he completed his shift, which ended at 6:00 a.m. on May 7, without reporting the incident because he believed that he only sustained a pulled muscle that would heal.
However, he stated that he later found a lump in his lower belly while showering after he had driven two and a half hours from the rig to his home. He further described having to stop his vehicle several times so that he could relieve a burning pain by standing up and walking around as he drove back to the rig for his next shift, which began at 6:00 p.m. on May 7. He testified that he was only able to work approximately two hours into that shift when he reported that he was in pain to the driller, Leroy Lejeune. Mr. Lejeune then referred him to the toolpusher, Joel Kirkpatrick.
The substance of the conversation between Mr. Douglas and Mr. Kirkpatrick is in dispute. Mr. Douglas testified that he told Mr. Kirkpatrick of the "lift sub" incident that occurred during the previous shift, but that he offered to file any medical claims under his health insurance plan because he was concerned that a safety bonus for all crew members would be in jeopardy if he reported a "lost-time" accident. Because he was scheduled to go on "days off" the next day, he proposed to Mr. Kirkpatrick that he take an additional week off to recover from surgery before returning to work. According to Mr. Douglas, Mr. Kirkpatrick agreed to this plan and assured him that he would have a job when he recovered. When Mr. Douglas returned to the rig to inquire about his job three weeks later, after he had undergone the hernia repair, he learned that he had been terminated the day after his last shift because he had not been with the company long enough to take a week off.
Mr. Kirkpatrick, however, denied any knowledge of a work-related accident. He testified that Mr. Douglas explained that he needed surgery because he aggravated a pre-existing hernia while performing his "manly duties," which Mr. Kirkpatrick understood to mean having sex with his wife. Although he acknowledged a discussion about Mr. Douglas still having his job when he returned, Mr. Kirkpatrick denied any agreement about not reporting a work-related accident to protect the crew's safety bonuses. Mr. Lejeune, the driller, testified that he did not see Mr. Douglas catch a falling "lift sub" and that Mr. Douglas told him he may have gotten a hernia from an off-duty accident that occurred a few weeks earlier.
On May 8, 2001, Mr. Douglas sought treatment for the hernia from Dr. James Oglesby, who recommended an immediate referral to a surgeon, Dr. Patrick Savoy. According to Dr. Oglesby's records, Mr. Douglas reported that he felt the hernia "rip about two days ago" and that it "really started hurting" during intercourse. After an initial visit with Dr. Savoy on May 9, 2001, Mr. Douglas underwent repair of a large, right inguinal hernia the next day, May 10, 2001. Dr. Savoy's handwritten notes contained the notation "works in oilfield-large RIH for years, recently symptomatic." The typewritten r
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