Jackson v. City of Gretna

SCHOTT, Judge.

Defendants, The City of Gretna and its Workmen’s Compensation Insurer, Commercial Union Insurance Company, have appealed from a judgment awarding plaintiff compensation benefits based on total and permanent disability. The issue is whether plaintiff’s disability is the result of his own failure to cooperate with the program of rehabilitation prescribed by the treating physician.

Plaintiff injured his knee on February 2, 1976, while working as a garbage collector for the City. On March 5, he was placed under the care of Dr. Earl J. Rozas, an orthopedic surgeon, who performed an…