Bandy v. International Paper Co.

690 So. 2d 902, 1997 La. App. LEXIS 370, 1997 WL 88268
CourtLouisiana Court of Appeal
DecidedFebruary 26, 1997
Docket29085-CA
StatusPublished
Cited by6 cases

This text of 690 So. 2d 902 (Bandy v. International Paper Co.) 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
Bandy v. International Paper Co., 690 So. 2d 902, 1997 La. App. LEXIS 370, 1997 WL 88268 (La. Ct. App. 1997).

Opinion

690 So.2d 902 (1997)

Ronald BANDY, Plaintiff-Appellee,
v.
INTERNATIONAL PAPER COMPANY, Defendant-Appellant.

No. 29085-CA.

Court of Appeal of Louisiana, Second Circuit.

February 26, 1997.
Rehearing Denied March 27, 1997.

*904 Mayer, Smith & Roberts by Frank K. Carroll, Shreveport, for Defendant-Appellant.

Mills, Timmons & Flowers by William T. Allison, Shreveport, for Plaintiff-Appellee.

Before WILLIAMS, STEWART and CARAWAY, JJ.

WILLIAMS, Judge.

In this worker's compensation action, the defendant, International Paper Company ("I.P."), appeals a worker's compensation hearing officer's judgment finding that the claimant, Ronald Bandy, was injured in a work-related accident and was entitled to temporary, total disability benefits and medical expenses. For the following reasons, we amend and affirm as amended.

FACTS

The claimant, Ronald Bandy, was employed by the defendant, I.P., as a truck driver. At approximately 2:00 a.m. on a Saturday morning in January 1994, claimant returned from his last delivery of a 70-hour work week. According to the claimant, the temperature was well below freezing at the time and he was fatigued. As the last driver to return to the I.P. yard, the claimant was responsible for moving loaded truck trailers away from the loading docks. This process required the claimant to back the truck cab under each trailer, manually hook the trailer to the truck, and drive to the parking lot. Then, he had to manually unhook the loaded trailer, attach an empty trailer and back the truck into the loading area. On the night in question, claimant moved approximately twelve trailers in a period of two hours, requiring him to repeatedly leave the warm truck cab to work in the sub-freezing weather. The claimant returned to work the following Monday with a fever, cough and sore throat. He continued to work for approximately one month before seeking medical treatment.

On February 14, 1994, Dr. Marvin K. Soileau examined claimant, who reported respiratory problems, shortness of breath and a cough. Dr. Soileau found secretions in claimant's lung tissue, indicating pneumonia or possible early congestive heart failure, and admitted him to the hospital. Based on claimant's lack of a fever and his other symptoms, Dr. Soileau concluded the pneumonia was viral in origin. The claimant's condition improved and he was discharged from the hospital a week later. Subsequently, he returned to work.

On July 20, 1994, claimant returned to Dr. Soileau with symptoms of congestive heart failure, including shortness of breath and swelling in his legs. Dr. Ellis Cooper, a physician board certified in internal medicine, also examined claimant and admitted him to Willis Knighton Medical Center in Shreveport. X-rays indicated that claimant suffered from an enlarged heart, pulmonary vascular congestion and fluid in the lungs. Dr. Cooper diagnosed claimant as having congestive heart failure.

Dr. Michael Futrell, a board certified cardiologist, also treated claimant during his July and August hospitalization. Dr. Futrell testified that claimant's history of hypertension, smoking, obesity, diabetes and prior coronary heart disease may have contributed to his cardiomyopathy. However, Dr. Futrell opined that the probable cause of claimant's *905 congestive heart failure was a viral infection (viral myocarditis), which he contracted in January. According to Dr. Futrell, the two most common viruses that attack the heart are Coxsackie A and B and the Echo virus. He testified that these viruses may begin to damage the heart within a period of three to five days after the virus enters the blood stream.

The defendant paid claimant short-term weekly benefits of $154.00 during the periods of February 14, 1994 to March 5, 1994; July 30, 1994 to August 29, 1994; and September 14, 1994 through January 1995, when claimant began receiving monthly Social Security disability payments of $1,248.70. In February 1995, the claimant filed a claim for worker's compensation benefits against I.P., which is self-insured. After a hearing, the worker's compensation hearing officer found that the claimant was injured as the result of a work-related accident. The hearing officer concluded that claimant was entitled to receive temporary total disability benefits of $319 per week from February 14, 1994 until such time as the judgment is modified, subject to a credit for amounts already paid and an offset for Social Security disability payments received. The hearing officer also found that defendant was liable for all medical expenses related to the claimant's congestive heart failure. The defendant appeals.

DISCUSSION

In two of its assignments of error, the defendant argues the hearing officer erred in applying the provisions of LSA-R.S. 23:1021(1) and in finding that the claimant's work activity constituted an accident under the statute. Defendant contends that claimant failed to satisfy his burden of proving a causal connection between his work activity and the disabling heart-related condition.

If an employee suffers personal injury by accident arising out of and in the course of employment, his employer must pay compensation. LSA-R.S. 23:1031(A); Hamilton v. Southern Plastics, Inc., 535 So.2d 1016 (La.App. 2d Cir.1988), writ denied, 536 So.2d 1223 (1989). The claimant in a worker's compensation action has the burden of establishing a work-related accident by a preponderance of the evidence. Bruno v. Harbert International Inc., 593 So.2d 357 (La.1992); Williams v. Jones Truck Lines, Inc., 27,465 (La.App. 2d Cir. 11/1/95), 662 So.2d 867. Proof by a preponderance of the evidence is sufficient where the evidence, taken as a whole, shows that the fact sought to be proved is more probable than not. Lubom v. L.J. Earnest, Inc., 579 So.2d 1174 (La.App. 2d Cir.1991).

A worker's testimony alone may be sufficient to prove a work-related accident, provided that other evidence does not discredit or cast serious doubt upon the worker's version of the accident and his testimony is corroborated by the circumstances following the incident. Bruno v. Harbert International Inc., supra; Lubom v. L.J. Earnest, Inc., supra. A claimant's disability is presumed to have resulted from an accident if before the incident he was in good health, but commencing with the accident the symptoms of the disabling condition appear and continuously thereafter manifest themselves. There must be sufficient medical evidence to show a reasonable possibility of a causal connection between the accident and the disabling condition, or the nature of the accident must raise a natural inference that such a connection exists. Lubom v. L.J. Earnest, Inc., supra.

LSA-R.S. 23:1021(1) defines "accident" as an unexpected or unforeseen actual event happening suddenly or violently, with or without human fault, and producing at the time objective findings of an injury. The event which triggers compensation coverage may be an unexpected change in the employee's physical condition which renders him incapable of working and which is caused, at least in part, by an employment incident. Bradley v. Morton Thiokol, Inc., 27,411 (La. App. 2d Cir. 9/29/95), 661 So.2d 691.

In the present case, claimant described the work incident in which he was moving truck trailers by himself in adverse weather conditions. His account was corroborated by a co-worker, Damon Roper, who testified that he remembered the event described by claimant and that the temperature was "in the teens" that night.

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Bluebook (online)
690 So. 2d 902, 1997 La. App. LEXIS 370, 1997 WL 88268, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bandy-v-international-paper-co-lactapp-1997.