Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Sanchez v. AIG Insurance & Memco, Inc.

Court of Appeals of Louisiana, Fifth Circuit

October 25, 2017

EDUARDO SANCHEZ
v.
AIG INSURANCE & MEMCO, INC.

         ON APPEAL FROM THE OFFICE OF WORKERS' COMPENSATION, DISTRICT 7 STATE OF LOUISIANA NO. 14-439, HONORABLE SHANNON BRUNO BISHOP, JUDGE PRESIDING

          PLAINTIFF/APPELLANT, EDUARDO SANCHEZ In Proper Person

          COUNSEL FOR DEFENDANT/APPELLEE, AIG INSURANCE & MEMCO, INC. Elizabeth Lynn Finch

          Panel composed of Judges Susan M. Chehardy, Fredericka Homberg Wicker, and Stephen J. Windhorst

          SUSAN M. CHEHARDY, CHIEF JUDGE.

         On appeal, this pro se workers' compensation claimant seeks review of the judgment denying indemnity and additional medical benefits. For the following reasons, we affirm.

         Facts and Procedural History

         On August 17, 2013, claimant, Eduardo Sanchez, an ironworker for his employer, MEMCO, Inc., slipped from a metal beam while he was working. Mr. Sanchez did not strike the beam and was immediately caught by his safety harness, which held him until his co-workers could lower him to the ground. After he was safely on the ground, Mr. Sanchez was examined by medical personnel at the worksite and sent home to rest.

         The next day, Mr. Sanchez reported to work and complained of a headache and pain in his right lower back, his middle back, his "upper neck, " and his right testicle. Mr. Sanchez was sent home and, the next day, Mr. Sanchez's supervisor at MEMCO sent him to Dr. David Reiss at Elmwood Industrial Medicine Center. On August 19, 2013, Mr. Sanchez's chief complaint was "pain located in the lower back and neck." Dr. Reiss noted that, upon physical examination, Mr. Sanchez had no bruising, spasm, or tenderness present in his lumbar spine and exhibited normal range of motion and normal sensation. Further, Dr. Reiss found, upon examination of his cervical spine, Mr. Sanchez had normal range of motion and no bruising present but did present tenderness in the "midline of the lower cervical spine." X-rays of the cervical and lumbar spine were normal. Dr. Reiss diagnosed Mr. Sanchez with a cervical strain and a lumbar strain and released Mr. Sanchez to return to work "as tolerated."

         On August 21, 2013, Mr. Sanchez presented to the Emergency Department at Tulane-Lakeside Hospital in Metairie with complaints of chest pain, testicular pain, and lumbar pain. After reviewing x-rays of his chest and lower back and performing a physical examination, the Emergency Room physician, Mary Martin, M.D., diagnosed him with lumbosacral strain; chest wall contusion; and a scrotal contusion. Dr. Martin prescribed Percocet and Flexeril to Mr. Sanchez. That day, another physician ordered a CT scan of Mr. Sanchez's chest to further examine the contusion, which revealed no abnormality.

         On August 22, 2013, Mr. Sanchez returned to Dr. Reiss for a follow-up. That day, Mr. Sanchez indicated that he had pain in his lower back but his neck was "okay." Dr. Reiss noted that, upon physical examination, Mr. Sanchez had no bruising or spasm in his lumbar spine and exhibited normal movement of his lower back and normal sensation. Dr. Reiss diagnosed Mr. Sanchez with a lumbar strain and found his cervical strain to be resolved. Dr. Reiss released Mr. Sanchez to return to work on restricted duty "as tolerated."

         On September 3, 2013, Mr. Sanchez returned for his second follow-up with Dr. Reiss.[1] He reported that he "feels good" and "is free from pain." Dr. Reiss noted that, upon physical examination, Mr. Sanchez had no spasm or tenderness present in his lumbar spine and exhibited normal range of motion and normal sensation. Dr. Reiss found that the "clinical examination indicates that he has recovered" and diagnosed Mr. Sanchez with cervical strain, resolved, and a lumbar strain, resolved. Dr. Reiss released Mr. Sanchez to return to work, "full duty, " and discharged him from the clinic. At that point, Mr. Sanchez returned to work, full duty.

         On September 30, 2013, Mr. Sanchez returned to Dr. Reiss to report that he "hurts again" in the upper left lumbar region. Upon examination, Mr. Sanchez showed pain in his thoracic spine and tenderness in the "left rhomboid area." Although lumbar and thoracic x-rays were normal, Dr. Reiss diagnosed Mr. Sanchez with thoracic strain and lumbar strain and released Mr. Sanchez to work "as tolerated." Lastly, Dr. Reiss referred Mr. Sanchez to an orthopedist, Dr. Melvin Parnell.

         On October 9, 2013, Mr. Sanchez presented to Dr. Parnell with complaints of pain in both sides of his back and waist. Dr. Parnell found that Mr. Sanchez had limited range of motion and discomfort in his thoracic spine and lumbar spine but "no significant abnormality present on physical examination to indicate he sustained any major injury to these regions." Dr. Parnell diagnosed Mr. Sanchez with a continuing lumbar ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.