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Price v. Ratcliff Construction Co.11/2/2005
In this workers' compensation case, Ratcliff Construction Company (Ratcliff) discontinued payment of workers' compensation benefits to its former employee, Billy Price, Jr., based on its contention that Mr. Price violated the provisions of La.R.S. 23:1208 and thereby forfeited his workers' compensation benefits. Mr. Price sought reinstatement of benefits, penalties and attorney fees. The workers' compensation judge (WCJ) rendered judgment in favor of Mr. Price, ordering reinstatement of benefits and payment of a pain management program and awarding attorney fees of $7,500.00. Ratcliff appeals, contending that the WCJ erred in finding that Mr. Price did not violate the provisions of La.R.S. 23:1208, in finding that it was arbitrary and capricious in terminating benefits, and in awarding excessive attorney fees. Mr. Price has answered the appeal, seeking additional attorney fees for work done on appeal.
In rendering judgment, the WCJ provided extensive reasons for judgment as follows in part:
The defense presented to the claim was the violation of Revised Statute 23:1208, a misrepresentation of claim. The facts at trial showed that on or about July 12th of 2002, Mr. Price worked as a manual laborer for Ratcliff Construction, and he was removing some plywood concrete forms when he felt a pain in his back which he described as a stinging sensation.
He continued to work that day, he returned to work -- that was a Friday, and returned to work on Monday. And worked for a couple of days in pain when he was referred by his employer to the Rapides Industrial Medicine [facility].
He was seen there on July 17th by Dr. Robert Smith who diagnosed sciatica. When Mr. Price did not improve he recommended an MRI which was performed and revealed a presence of a large herniated disc at the lumb sacral area.
He referred Mr. Price to Dr. Lawrence [Drerup] a neurosurgeon. Dr. [Drerup] also diagnosed a large herniated disc at L5-S1 and recommended a minimally invasive microsurgery as an alternative to a lumbar disc fusion. According to Dr. [Drerup] this procedure would improve Mr. Price's lower extremity pain problems but would probably leave him with some low back pain. And Mr. Price had this particular surgery on September 17th of 2002.
On November 19th and 20th of 2002, Mr. Price had an FCE performed. And on January 30th of 2003, Dr. [Drerup] released Mr. Price from his care, and based on the FCE performed opined that Mr. Price had a thirty percent whole body impairment, and that he was capable of returning to gainful employment [at a] sedentary, light, or medium duty level with appropriate restrictions.
Mr. Price came, again, under the care of Dr. Smith in February of 2003. He was no longer having any extremity pain, but he continued to complain of low back pain. He underwent another course of physical therapy. And by March 31st of 2003, he had a slightly increase range of motion. He was able to sustain three hours of exercise. He did an increased pain rating of eight on a scale of ten and was referred back to his physician for further instructions and care.
Dr. Smith later referred Mr. Price to Dr. [Stephen] Katz for pain management and to Dr. James Quillin noting some depression problems regarding Mr. Price. Dr. Quillin saw Mr. Price and diagnosed him with major depression and chronic low back pain secondary to his occupational injury and recommended that he undergo a pain management course of sixteen weeks. The employer had Mr. Price seen by Dr. Jimm Cole. Dr. Cole saw Mr. Price on May 6th of 2003.
Significantly, with Dr. [Quillin] and Dr. Cole, they both realize and recognize that Mr. Price was a man
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