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Novak v. North Oaks Medical Center9/28/2001
North Oaks Medical Center (North Oaks) appeals the decision of a workers' compensation judge (WCJ) which found that the neck injury of Anna Novak, appellee, resulted from lifting a patient in the course and scope of her employment while working at North Oaks and not from a subsequent automobile accident.
For the following reasons, we affirm.
PROCEDURAL HISTORY
Anna Novak, a nursing assistant at the North Oaks Medical Center, allegedly injured her back while lifting a bedridden patient on September 27, 1997. North Oaks claimed the neck pain is not a work-related injury.
Novak filed a claim for workers' compensation on March 5, 1999; North Oaks answered on March 23, 1999. At the hearing on September 29, 1999, the WCJ found that the cervical neck injury she complained of was work related. North Oaks was ordered to compensate Ms. Novak for the neck injury. Novak's claim for penalties, alleging arbitrary and capricious refusal to pay her benefits, was denied due to a conflict in and lack of certainty of the medical testimony. North Oaks appeals the judgment alleging the trial court erred in finding that Novak's cervical problems were a result of the work related accident.
STANDARD OF REVIEW
In a workers' compensation case, as in other cases, the appellate court's review of factual findings is governed by the manifest error or clearly wrong standard. Freeman v. Poulan/Weed Eater, 93-1530, p. 4 (La. 1/14/94), 630 So.2d 733, 737. On legal issues, the appellate court exercises its constitutional duty to review questions of law and render judgment on the record. Chaisson v. Oceanside Seafood, 97-2756, p. 3 (La. App. 1st Cir. 6/29/98), 713 So.2d 1286, 1288.
HISTORY
While lifting a bedridden patient at work on September 27, 1997, Ms. Novak felt a "catch" in her back. Ms. Novak was sent to the North Oaks emergency room and was examined for the pain in her lower back. Initially she only reported lo wer back pain to her supervisor. Ms. Novak testified that, on her way home, after being discharged from the emergency room, she experienced pain and tingling in her arms and hand and her neck also began to hurt. Ms. Novak had been advised at the emergency room to remain at home for the following three days. She did not report her neck pain until September 30, 1997, three days after the incident. Ms. Novak saw Dr. Daunis, a doctor in the occupational health department of North Oaks, on September 30, 1997, and was examined for her complaints. On this visit although he noted bilateral tenderness over the neck with pain on range of motion, Dr. Daunis found no indication of cervical disc problems. He performed no diagnostic tests on the cervical spine, and referred her to a work-conditioning program. Dr. Daunis had a follow-up visit with Ms. Novak on October 3, 1997 and a final visit on October 10, 1997 at which Ms. Novak continued to complain of pains associated with the neck. Ms. Novak was then referred to Dr. McAfee, an orthopedist practicing at North Oaks.
On October 30, 1997, Dr. McAfee found that Ms. Novak's range of motion was "self limited." He diagnosed cervical and lumbar strain, and ordered physical therapy. He ordered no further tests even though she was still complaining of the neck pain and tingling and numbness in her upper extremities. The physical therapist at North Oaks, Greg Leyrer, testified at deposition that although sixteen treatments were ordered, Ms. Novak attended only four. He also noted that his tests indicated that Ms. Novak was exaggerating her symptoms.
On February 3, 1998, Ms. Novak was seen by a neurologist with North Oaks, Dr. Mussarat, for spinal evaluations. Dr. Mussar
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