Taylor v. Wyandotte9/28/2001
In this workers' compensation action, the employer appeals a judgment finding claimant permanently totally disabled under the odd lot doctrine and ordering it to pay certain penalties, attorney's fees, and costs. For the following reasons, we affirm in part, vacate in part, and render.
On May 4, 1982, Perry Taylor, an employee of BASF Wyandotte, was injured while in the course and scope of his employment. He returned to work, but was involved in a second accident on March 23, 1984. Unable to return to work after the second accident, Taylor began receiving temporary total disability benefits (TTDs). He continued receiving TTDs until the Office of Workers' Compensation (OWC), applying LSA-R.S. 23:1221 and 1223, reclassified his benefits as supplemental earning benefits (SEBs), applied retroactive credit for Taylor's TTDs received since 1990, and terminated his SEBs on January 1, 2000.
Taylor filed a disputed claim form, seeking continuation of his TTDs. After a hearing, the workers' compensation judge found Taylor was permanently totally disabled under the odd lot doctrine due to injuries he suffered on May 4, 1982. BASF appealed.
As a general rule, the Louisiana Workers' Compensation Act in effect on the date of the claimant's injury is controlling. Bruno v. Harbert Intern. Inc., 593 So.2d 357 (La. 1992). Before 1983, jurisdiction over workers' compensation claims was vested in the civil district courts. See LSA-Const. art. VII, §35 (1921) and LSA-Const. art. V, §16(A) (1974). Effective July 1, 1983, legislation created the OWC to administer disputed claims for workers' compensation benefits. See 1983 La. Ex.Sess. Acts No. 1. Subsequent amendments and a successful constitutional attack of the OWC system resulted in the enactment of 1989 La. Acts No. 260, which provides, in pertinent part:
(A) A claim arising from an injury which occurred prior to July 1, 1983, shall be resolved in the same manner as other civil matters.
(B) A claim arising from an injury which occurred on or after July 1, 1983, shall be heard and resolved according to the procedures provided for in this Act.
Therefore, critical to the disposition of this matter is a determination of whether Taylor's injury occurred before or after July 1, 1983. At trial, Taylor testified he was on the job on May 4, 1982, when he fell down a spiral staircase adjacent to a storage tank, injuring his back. Taylor was transported by ambulance to a local hospital and eventually received traction therapy, as prescribed by his treating physician, Dr. John F. Loupe. Taylor did not return to work for approximately six months. Taylor testified that when he returned to work, he was placed on light duty and was assisted for some time by a relief operator assigned to perform physical tasks too strenuous for Taylor. Taylor stated he had problems with his back after he returned to work, but he was able to perform heavy-duty tasks.
On March 23, 1984, after previously moving fresh air tanks, Taylor was assigned to perform landscaping duties. While shoveling gravel, Taylor's back "locked," and he could not stand upright. He again sought medical treatment from Dr. John Loupe. Dr. John Loupe eventually performed back surgery, and Taylor has not returned to work.
Dr. John Loupe's deposition, taken in 1984, established he first treated Taylor on May 14, 1982. Taylor's chief complaint was severe low back pain. Dr. John Loupe's diagnosis at that time was acute lumbosacral sprain. When Taylor's condition did not improve, Dr. John Loupe admitted him to the hospital for inpatient traction and physical therapy. After hospitalization, Taylor was fitted with a TENS unit. Dr. John Loupe con
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