FROM THE OFFICE OF WORKERS' COMPENSATION NO. 17-06905,
DISTRICT "8" HONORABLE Catrice Johnson-Reid, The
Office of Workers' Compensation
L. Manard ROBERT L. MANARD, PLC COUNSEL FOR
Stephen W. Brooks, Jr. Richard J. Voelker PUGH ACCARDO,
L.L.C. COUNSEL FOR DEFENDANT/APPELLANT
composed of Judge Edwin A. Lombard, Judge Daniel L. Dysart,
Judge Paula A. Brown.
A. Lombard Judge.
Appellants, defendants Full Force Staffing, LLC ("Full
Force") and its insurer, LUBA Casualty Insurance Company
("LUBA"), seek review of the December 8, 2017
judgment of the Office of Workers' Compensation
("OWC") upholding a Medical Guidelines Dispute
Decision, which granted a request for right shoulder surgery
for the Appellee, plaintiff Lorae Burnett ("Mr.
Burnett"). Finding that the decision of the OWC is not
manifestly erroneous, we affirm.
and Procedural History
Burnett was involved in a motor vehicle accident in New
Orleans on the afternoon of August 27, 2016. He was riding as
a passenger in a garbage truck owned by Metro Disposal, Inc.,
when it collided with another motor vehicle. Mr. Burnett
asserts that he sustained various injuries in the accident,
including to his right shoulder and back. At the time of the
accident, he was employed by Full Force and, allegedly, by
Metro Disposal, Inc. Following the accident, Mr. Burnett
received medical treatment from three medical providers: Dr.
John Craig Cornett; Dr. John Logan and Dr. Felix Savoie.
Cornett treated Mr. Burnett from September 2016 through
January 2017. His medical records reflect that Mr. Burnett
was experiencing right shoulder pain immediately after the
accident. Mr. Burnett was undergoing modality therapy with
moist heat, as well as performing stretching exercises for
the duration of his treatment with Dr. Cornett. Additionally,
Dr. Cornett's notes reflect that Mr. Burnett's
symptoms were causally related to the August 2016 accident,
with a reasonable degree of medical certainty, and that Mr.
Burnett complained of chronic right shoulder pain. Dr.
Cornett later referred Mr. Burnett to Dr. Logan, an
orthopedic surgeon, who ordered an MRI.
Bernard Landry, a radiologist, reviewed the MRI of Mr.
Burnett's right shoulder joint. Dr. Landry determined
that Mr. Burnett had "an os acromiale and degenerative
subcortical pseudocyst formation of the AC
joint." He further determined that there was
"signal alteration of the superior labrum and
posteroinferior labrum worrisome for tear" and
recommended Mr. Burnett see an orthopedist.
Dr. Logan referred Mr. Burnett to an orthopedic shoulder
specialist, Dr. Savoie. Dr. Savoie's note of January 16,
2017, regarding his examination of Mr. Burnett, states:
. . .it seems the accident caused the front of the Os to
punch into the rotator cuff; options for this young patient
would be to fix the os with cannulated screws; I would think
the need for surgery would be related to the accident he
described: . . .arthroscopy right shoulder with
os acromionale with accutrak cannulated screws; will be in
sling for 2-6 weeks- I really need to see the MRI to know for
Appellants maintain that Mr. Burnett filed a LWC WC Form
1008, asserting a claim for Workers' Compensation
benefits in July 2017, Docket No. 17-04056. Nevertheless,
this form is not a part of the record.
August 2017, a LWC WC Form 1010 was submitted by Dr. Savoie,
on Mr. Burnett's behalf, to LUBA requesting authorization
for right shoulder arthroscopy with open fixation of Os
Acromiale. LUBA denied the request, stating the reason as
being that LUBA does not "retro precert." LUBA
avers it provided this explanation because there was no
indication that Dr. Savoie was Mr. Burnett's choice of
physician and because there was no request ...