Jackson v. Sanderson Farms9/23/2005
BEFORE: CARTER, C.J., DOWNING, AND GAIDRY, JJ.
In this workers' compensation case, plaintiff appeals a trial court judgment denying her claim for indemnity benefits. We affirm.
Plaintiff, Theresa Jackson, began employment as a chicken de-boner for defendant, Sanderson Farms ("Sanderson"), on January 2, 2003. On January 22, 2003, Jackson slipped and fell, allegedly hurting her back and left leg. This accident was reported the same day to Sanderson's human resource manager, Chip Blessey, and Jackson went home for the rest of the day. Upon reporting to work the next day, Jackson continued to complain of pain, and was sent by Blessey to North Oaks Medical Center, where she was evaluated by Dr. Mark Daunis. X-rays of the thoracic spine, ribs, left knee, right shoulder, left tibia, and left fibula were all normal. Dr. Daunis diagnosed Jackson with a strain and released her to return to work on light duty.
Jackson did not return to work for approximately two weeks. Upon her return, she was assigned to light-duty work in compliance with Dr. Daunis's restrictions. Jackson folded smocks and gloves in the company's laundry room for four or five days. She did not return after these four or five days, and Sanderson considered her to have voluntarily quit as of February 20, 2003, after she was instructed to return to available light-duty work, but she refused.
Jackson continued to see Dr. Daunis on January 24, January 30, February 5, and February 18, 2003. During the course of this treatment, Jackson underwent x-rays of her cervical spine, lumbar spine, and left hip. Her cervical x-rays showed severe degenerative disc disease at C5-6. Her left hip and lumbar spine x-rays were normal. On February 18, 2003, Dr. Daunis discharged Jackson and referred her to an orthopedist.
On February 24, 2003, Jackson went to Dr. Paul van Deventer, complaining of neck, back, and left hip pain. Dr. van Deventer performed another x-ray of the cervical spine, which also showed degenerative-type changes at the C5-6 level, but were otherwise normal. Dr. van Deventer diagnosed her with cervical degenerative disc disease; cervical, lumbar, and thoracic strain; and left hip pain. He placed her on transitional duty status and recommended periodic follow-up treatment throughout her recovery. He classified her symptoms as a self-resolving strain condition which would take approximately eight to ten weeks to resolve. Jackson did not follow up with Dr. van Deventer.
Dr. Marvin Clifton, a neurosurgeon, began seeing Jackson on March 27, 2003, when she presented complaining of lower back and left lower extremity pain. She continued to complain of pain throughout her treatment with him, and on June 19, 2003, he ordered an MRI of Jackson's lumbar spine, which was normal. Jackson continued to treat with Dr. Clifton between June 19 and August 2003. At each visit Dr. Clifton noted that she remained in treatment, but never addressed her work status. An October 24, 2003 letter to Jackson's attorney contained the only reference to her ability to work. The letter stated that Jackson was incapable of returning to her previous line of employment. No mention was made in the letter of Jackson's ability to perform light-duty work.
An independent medical exam was performed on March 30, 2004 by Dr. Thad Broussard. Dr. Broussard's opinion was that Jackson had long since reached maximum medical improvement and that she was "capable of performing gainful and functional employment at this time, although it may be restricted duty from what she was undertaking before." Dr. Broussard recommended that a functional capacity exam be performed to determine Jackson's current abilities and restrictio
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