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Ranel v. McDonald's11/5/2003
PUBLISHED
REVERSED AND RENDERED.
Darrell Ranel appeals a workers' compensation judgment holding that he was not entitled to supplemental earnings benefits (SEB). The trial court also refused to award penalties and attorney's fees for the employer's failure to approve medical treatment recommended by his treating physician. Additionally, Ranel claims he is entitled to penalties and attorney's fees for the untimely and unreasonable delay in paying indemnity benefits. Ranel also disagrees with the trial court's decision regarding the computation of offsets and credits due the employer from his other part-time jobs.
FACTS
Ranel went to work for McDonald's in Alexandria on May 22, 2000, as a second assistant manager. On July 5, 2001, Ranel was injured in the course and scope of his employment with McDonald's. He was in the process of placing a cap on a bottle of soap when he slipped, his feet came from under him, and he fell on his buttocks. He tried to get up and slipped again, banging his knee against the steel mop rail. At first he thought he was going to be ok, but later he started having pain. Ranel initially saw his family doctor, Dr. Gregory Bevels, on July 9. Subsequently, McDonald's sent him to Rapides Industrial Medicine, where he was seen by Dr. Robert Smith on July 17, 2001. X-rays revealed minimal scoliosis with minimal L5/S1 disc space narrowing. He was placed on anti-inflammatory medication, and an MRI was ordered. During this time, Ranel continued working at McDonald's, but with restrictions.
Ranel's MRI indicated degenerative changes at L5/S1 with a mild, mainly central, bulging disc with no significant compromise. Minimal indentation in the anterior thecal sac area was also observed. Dr. Smith noted that these findings were consistent with Ranel's presentation. Dr. Smith continued treating Ranel and kept his status as working with restrictions. Dr. Smith referred Ranel to a neurosurgeon, Dr. Lawrence Drerup.
Dr. Drerup saw Ranel on October 23, 2001. At that time, Dr. Drerup planned to treat Ranel with an epidural steroid injection with a root block at S1 and epidural steroid injections.
Dr. Smith saw Ranel on November 12, 2001, maintaining Ranel's modified work status. Dr. Smith noted that he would see Ranel again following his discharge from neurosurgery.
On November 29, 2001, Dr. Drerup placed Ranel on a no-work status. Then, effective December 18, 2001, Dr. Drerup released Ranel back to light duty. However, Dr. Drerup again placed Ranel on a no-work status from January 15, 2002 to March 1, 2002.
Ranel last saw Dr. Drerup on May 2, 2002, having undergone a lumbar myelogram and post myelographic CT, which appeared normal. Dr. Drerup reported that Ranel did not require further neurosurgical intervention or evaluation, so he referred Ranel to Dr. Smith to continue under his care.
Dr. Smith saw Ranel on May 10, 2002. At that time he reported that he had nothing to offer Ranel except to get some opinions from other people who could help him manage long-term. Dr. Smith made three referrals: (1) to physical medicine and rehabilitation for an impairment rating, (2) to Dr. Stephen Katz for long-term, chronic pain management, and (3) to Dr. James Quillan for an MMPI (Minnesota Multiphasic Personality Inventory) and psychological assessment. Also, at this time, Dr. Smith recommended modified work duties. On July 9, 2002, Dr. Smith was provided with a job assessment of swing manager but did not find this position medically appropriate. Ranel last saw Dr. Smith on July 16, 2002, at which time Dr. Smith continued Ranel on a modified work status.
McDonald's wanted
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