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Nolan v. Rawls Farming Co.10/31/2001
Both the claimant, Bobby Nolan, and his employer, Rawls Farming Company, have appealed from the WCJ's judgment finding that Nolan sustained an injury during the course and scope of his employment as a farmhand with Rawls Farming and awarding him temporary total disability ("TTD") benefits for a ten month period at a rate of $286.29 per week, as well as medical expenses for the same period. The WCJ also ordered Rawls Farming to pay Nolan $2,000 in penalties and $7,000 in attorney fees. Finally, the WCJ found that Nolan lied about moving some furniture during his testimony at trial and decreed that by virtue of the same, he had forfeited his right to all future indemnity and medical benefits. For the reasons set forth below, we affirm in part, reverse that part of the judgment denying future benefits and remand the matter to the WCJ for further proceedings consistent with this opinion.
Facts and Procedural Background
On or about August 2, 1999, claimant, Bobby Nolan, a 58-year-old farmhand, injured his back in a work-related accident. Nolan's employer, Joel Rawls, was present at the time of the incident. On that date, Rawls assisted Nolan in lifting the tongue of a trailer holding a pump motor. Rawls then left Nolan holding the trailer up while he backed his truck closer so that the trailer could be attached.
Immediately thereafter, Nolan advised Rawls that he felt a pop in his back while lifting the trailer tongue. Nolan continued to work that day and several days following the accident, but voiced complaints to his employer and co-workers about pain in his back. Nolan testified that he requested medical attention from Rawls, but that his request was denied. He then told his employer that he was going to see a doctor.
Nolan sought medical treatment at the E.A. Conway Medical Center. Nolan reported that as he bent over to pick something up, he felt his back pop and that it "sounded like a stick broke." Nolan received follow-up care at E.A. Conway. An MRI revealed an annular bulge at L5/S1 and Nolan was diagnosed with a herniated disc at that level.
Dr. Douglas Liles examined Nolan on November 23, 1999. Nolan related that he injured his back while lifting a trailer tongue and that he had back pain as well as pain radiating down into his right leg. X- rays revealed a chronic spondylolisthesis of L5/S1 as well as the ruptured disc at that level. In his deposition, Dr. Liles noted that the disc at the L4/5 level had actually herniated up into the body of the vertebra. While finding a pre-existing condition in Nolan's back, Dr. Liles nonetheless opined that the herniation and resulting disability were caused by the work-related accident. Dr. Liles also opined that Nolan was unable to return to work as a farm laborer, but could perform light duty work after conservative treatment.
Dr. Liles recommended conservative treatment and, alternatively, a decompression laminectomy of L5. Dr. Liles referred Nolan to the neurosurgery department at LSUMC. As noted above, Dr. Liles authorized Nolan to return to light duty work following conservative treatment. Nolan attempted to return to work on April 17, 2000, but he testified that because of pain, he did not return after that date. We note, however, that the job duties that Nolan was assigned that day were not on the list that defendant presented to Dr. Liles for approval. According to Nolan, he is no longer able to perform even light duty assignments for his former employer.
Rawls Farming, whose workers' compensation coverage lapsed several months prior to Nolan's accident, refused to pay either medical or indemnity benefits. Nolan filed a disputed claim form and the matter was tried by th
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