Babin v. Highlands Insurance Company

290 So. 2d 720
CourtLouisiana Court of Appeal
DecidedFebruary 11, 1974
Docket9675
StatusPublished
Cited by7 cases

This text of 290 So. 2d 720 (Babin v. Highlands Insurance Company) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Babin v. Highlands Insurance Company, 290 So. 2d 720 (La. Ct. App. 1974).

Opinion

290 So.2d 720 (1974)

Irvin BABIN, Plaintiff-Appellee,
v.
HIGHLANDS INSURANCE COMPANY and Delta Drilling Company, Defendants-Appellants.

No. 9675.

Court of Appeal of Louisiana, First Circuit.

February 11, 1974.
Rehearing Denied March 18, 1974.

*721 John J. Cooper, New Orleans, for defendants-appellants.

Charles Hanemann, Houma, for plaintiff-appellee.

Before SARTAIN, TUCKER[*] and WATSON, JJ.

SARTAIN, Judge.

This workmen's compensation suit arises out of an alleged accident on January 4, 1972 in which plaintiff claims to have sustained a disabling heart attack or severe chest pains brought on by the performance of his duties in the course and scope of his employment as a roughneck for defendant—Delta Drilling Company. Defendants have appealed from a judgment in favor of plaintiff awarding full workmen's compensation benefits for total and permanent disability at the rate of $49.00 per week for five hundred weeks and awarding $1,777.30 for medical expenses.

Defendants contend that the trial court erred in holding that plaintiff suffered an accident while in the course and scope of his employment on January 4, 1972. Defendants also contend that the trial court erred in finding that plaintiff had a disabling coronary artery disease and in giving greater weight to the testimony of plaintiff's treating physician than to the testimony and evidence given by specialists in the field. Thus, the issues presented by this appeal are: (1) whether plaintiff did in fact suffer an accident on January 4, 1972; and (2) whether plaintiff was disabled as a result thereof.

Plaintiff, forty-seven years old at the time of the alleged accident, testified that he had been working in the oil fields as a roughneck for about twenty-five years. On January 4, 1972 he was working on Delta Drilling Company Rig Number 31 in St. Charles Parish, Louisiana, as a roughneck and motorman. On that day plaintiff and the rest of his crew had been working for nearly an hour to break a cement head. Plaintiff stated that this job usually can be done in just a few minutes and he and his crew were under pressure to complete the task because they were getting behind schedule. Plaintiff testified that he hurried downstairs to get some wrenches and hurried upstairs on the rig. At the top of the stairs plaintiff stated that he experienced severe chest pain, weakness and lost consciousness. When he came to and regained his strength, he told his driller, a Mr. B. J. LeBoeuf, what had happened and asked his tool pusher, a Mr. L. A. Maten, to drive him home. Plaintiff stated that he continued to suffer chest pains during the ride home and all through that night.

The next morning plaintiff saw Dr. William Marmande, a general practitioner in Houma, Louisiana. Dr. Marmande hospitalized plaintiff in Terrebonne General Hospital where he spent two days in intensive care and an additional twelve days in a hospital ward. After being released *722 from the hospital plaintiff stated that he stayed home recuperating throughout the months of January and February, but returned to work in late March on light duty as a watchman on the rig. Plaintiff continued his light duty employment as a watchman and then as a cleanup man on the rig until he was released by the company in July of 1972. Plaintiff stated that throughout this period of time he continued to have intermittent chest pains and was hospitalized again in July of 1972 following another attack of severe chest pains similar to his previous attack of January 4, 1972.

Plaintiff testified that he still experiences chest pains on physical exertion. He stated that he takes nitroglycerine pills prescribed by Dr. Marmande and these relieve his pain. However, he has not attempted to return to work since his second hospitalization in July of 1972 and his physical activities have been limited to short walks each day.

Dr. William Marmande testified that he first saw plaintiff on January 5, 1972 and ordered his hospitalization because of the possibility he might be experiencing a myocardial infarct. Subsequent tests and observations revealed that plaintiff had not experienced an infarct but Dr. Marmande concluded that he had coronary artery heart disease with angina pectoris. Dr. Marmande stated that the strenuous physical exertion accompanied with nervous agitation described by plaintiff as his activities prior to the onset of the chest pains on January 4, 1972, were consistent with the onset of angina in a patient who had underlying arteriosclerosis.

Defendants contend that plaintiff has failed to establish that his chest pains or angina first occurred on the date of the alleged accident, January 4, 1972. Defendants argue that plaintiff gave conflicting information concerning the onset of his chest pains. Defendants also argue that plaintiff's testimony is impeached and his credibility thereby impaired by his failure to indicate on his employment physical examination record information concerning prior heart trouble.

Defendants base their contention that the chest pains and angina actually occurred at plaintiff's home on January 3, 1972 rather than at work on January 4, 1972 on the history given by plaintiff to Dr. Jorge Z. Martinez, a cardiologist at the Delgado College Rehabilitation Center in New Orleans, on May 11, 1972. Plaintiff had been referred to the center for cardiac evaluation and Dr. Martinez stated in his report that plaintiff told him he had begun to feel bad, dizzy and weak with some pain in his chest on the third of January. Defendants point to this statement as indicating that the onset of plaintiff's illness occurred at home rather than on the job.

Plaintiff freely admitted that he was feeling a little bad on January 3, 1972 but that he felt it was trivial and he did not stay home from work the next day nor did he reduce his normal activities in any way. Plaintiff stated that it was during the course of his physical labors on the job that he was stricken with the severe chest pains, weakness and loss of consciousness on January 4, 1972.

Defendants also contend that plaintiff's credibility is impeached due to his denial of prior heart trouble on his employment application. Plaintiff testified that at the age of twenty-eight, while visiting his brother in a hospital in Lake Charles, Louisiana, he blacked out for a few minutes. He was examined by a physician there who told him he could return to Houma. Plaintiff was not hospitalized but stated that he felt he had experienced a mild stroke. Plaintiff stated that he did tell the physician who examined him for his employment application about this prior incident and that it was the doctor who considered it too trivial to note.

Defendants also sought to establish that plaintiff had suffered from longstanding anxiety problems. Plaintiff denied this *723 and stated that he had been hospitalized for some three months during World War II for nervous tension and battle fatigue and he had received some disability benefits which were discontinued over eighteen years ago at plaintiff's request.

The trial court accepted plaintiff's testimony concerning the incident on January 4, 1972 and held that plaintiff had sustained a compensable injury on that date while in the course and scope of his employment. With this conclusion we agree.

A claim for workmen's compensation benefits may be sustained upon a plaintiff's uncorroborated testimony as to the occurrence of the accident where his testimony is corroborated by the surrounding circumstances and is not discredited. Sensley v. Aetna Casualty & Surety Company, 269 So.2d 473 (1st La.App.

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