La. 3rd: Lack of Information Outweighs Heft of Evidence

The Third Circuit Court of Appeal for the State of Louisiana found a workers' compensation judge erred in ruling against an injured worker on lack of evidence grounds where all of the medical evidence was scant.In Funderburk v. Nabors Drilling USA, Inc. (4/26/2006, No. 05-1119) Funderburk, a floor hand for Nabors Drilling USA, Inc., suffered a work-related injury to his lower back on July 24, 2003. He was treated at the Lake Charles Memorial Hospital Emergency Room and then driven to Lafayette, Louisiana, where he was seen by Nabors' orthopaedic surgeon, Dr. Michael Duval. After he returned t...