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LeForce v. Legion Enterprises2/23/2001
Modified: 03/27/2001
Mandate Issued: 03/22/2001
PROCEEDING TO REVIEW AN ORDER OF A THREE-PANEL OF THE WORKERS' COMPENSATION COURT SUSTAINED
Claimant, Johnny Leforce, filed this claim for workers' compensation benefits as a result of an injury he sustained when several barrels he was unloading out of a truck fell out of the truck and struck him in the head. In his Form 3, he claimed injury to his head, back, neck, and both shoulders and gave the date of the accident as December 23, 1999. He sought temporary total disability benefits and medical treatment. Employer/Respondent, filed its Form 10 and admitted Claimant sustained accidental injury arising out of his employment, but claimed no disability resulted.
After the accident, Claimant continued to work until Employer terminated him on February 20, 2000 for a positive drug screen. At trial, Employer admitted Claimant sustained a laceration to his scalp which was treated at the emergency room. It denied any injury to his neck, back, and shoulders. It denied temporary total disability or any need for further medical treatment. Claimant objected to Employer's denial of injury to the neck, back and shoulders, arguing it had admitted injury in its Form 10 and had never denied injury to the specific body parts.
The trial court acknowledged the Form 10 did not provide a space for a respondent to list any specific body parts for which it denied injury. Because of this, the trial court inquired of counsel for Claimant if he wished to be given time to respond to the defenses presented by Employer in that he was alleging surprise. Counsel declined, stating he was ready to proceed.
Claimant testified about the accident. He stated he did not start noticing pain in his neck and shoulders until about 20 to 30 days after the accident. On February 4, 2000, he saw Dr. P, who recommended MRI's of the neck and back, physical therapy and chiropractic treatments. Dr. P referred him to Dr. M who prescribed Relafan for him. He had tried, without success, to find work somewhere else.
Claimant offered, without objection, a report of Dr. K who thought Claimant had suffered and sustained an injury to the head, both shoulders, neck and back resulting from the accident. He believed Claimant was temporarily and totally disabled. He recommended further therapy. Also Dr. M, in a report, opined from the x-rays of both shoulders that Claimant was temporarily totally impaired for his normal job activities. The report of Dr. P also reflected that he thought Claimant to be temporarily totally disabled and in need of further treatment.
Employer offered the emergency department treatment records which reflected only the head injury. It also offered a report of Dr. Y. In Dr. Y's opinion, Claimant sustained no permanent partial impairment and was able to return to employment. He stated Claimant's period of temporary total disability had long since ended. He did not believe he was in need of medical care or maintenance
The trial court found Claimant did not sustain an injury to the back, neck, or shoulders and was not entitled to benefits for any temporary total disability or additional medical treatment. The three-judge panel affirmed. Claimant seeks review by this Court.
In his first proposition of error, Claimant alleges the trial court erred in finding Employer had not stipulated to his injuries to his neck, back and shoulders. He argues that when an employer files a Form 10 admitting injury in response to a claimant's Form 3 which gives notice to the employer that the injury is to certain body parts, it also admits injury to all those body parts for w
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