Bertrand v. Coal Operators Casualty Co.

204 So. 2d 620, 1967 La. App. LEXIS 4883
CourtLouisiana Court of Appeal
DecidedNovember 29, 1967
DocketNo. 2142
StatusPublished
Cited by2 cases

This text of 204 So. 2d 620 (Bertrand v. Coal Operators Casualty 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
Bertrand v. Coal Operators Casualty Co., 204 So. 2d 620, 1967 La. App. LEXIS 4883 (La. Ct. App. 1967).

Opinion

CULPEPPER, Judge.

The plaintiff, Milton Bertrand, seeks workmen’s compensation benefits for total and permanent disability allegedly resulting from a heart attack suffered while working for Courville Concrete Company. The defendant, Coal Operators Casualty Company, is the employer’s insurer. From an adverse judgment the defendant appealed. Plaintiff answered the appeal, seeking penalties and attorney’s fees.

There is little question that the heart attack suffered by plaintiff was an accident within the meaning of our Workmen’s Compensation Law.1 Also, a clear preponderance of the evidence shows that plaintiff is now permanently and totally disabled by heart disease from hard manual labor. The substantial issue is whether there is any causal connection between the on-the-job heart attack and plaintiff’s pres--ent disabling condition.

The facts show that plaintiff, 56 years of age at the time of the heart attack, had been working for Courville Concrete Company for about 16 years performing strenuous manual labor, such as mixing, hauling and pouring concrete with a wheelbarrow into various types of forms. On July 9, 1964 he was working in the hot sun, pushing a heavy wheelbarrow filled with concrete when he “blacked out” and fell to his knees. He was taken to his family physician, Dr. B. J. Manuel, a general practitioner of Ma-mou, Louisiana. This physician found plaintiff suffering from weakness, dizziness, low blood pressure and a very fast and irregular heart beat. An EKG taken by Dr. Manuel was interpreted as showing “nodal tachycardia”, which Dr. Manuel described as being a “conduction defect” of the heart.2 He found no coronary arteriosclerosis and said that plaintiff did not complain particularly of angina, i. e., chest pain.

The word “tachycardia” simply means excessively rapid heart beat, a symptom which can result from several different causes. The word “nodal” apparently has reference to the auriculoventricular and at-riculoventricular nodes. These are small rounded masses of special fibers located in the heart and forming part of the system which regulates the impulses for the [622]*622rhythmic beat of the heart.3 Dr. Manuel diagnosed a defect in these nodes as the underlying heart disease which produced rapid heart beat, faintness, etc. on strenuous physical exertion in the hot sun. He was somewhat equivocal at one point (Tr. 59) in saying that “nodal tachycardia” is “a combination” of disease and symptom, but his testimony as a whole is to the effect that the defect in the node is the disease and the tachycardia (rapid heart beat) is a symptom.

Dr. Manuel prescribed digitalis, a standard drug for irregular heartbeat, and ordered plaintiff to refrain from hard labor for the remainder of the summer of 1964. On September 14, 1964, plaintiff was permitted to return to work.

He was doing the same kind of work for the same employer on June 1, 1965 when he “blacked out” again. On being taken back to Dr. Manuel, plaintiff’s complaints and the doctor’s diagnosis were essentially the same as in 1964. Plaintiff was given an extra dose of digitalis and sent home for rest. In two days he recovered from all apparent effects of the attack. However, Dr. Manuel decided that since plaintiff had suffered two attacks he should not return to that type of work for fear of a “full blown coronary”, which could result in death. Plaintiff has not returned to work since the attack of June 1, 1965.

During 1964, Courville Concrete Company was insured by Highlands Insurance Company, which settled plaintiff’s claim arising out of the 1964 episode for the sum of $1,000. Plaintiff sued the instant defendant, Coal Operators Casualty Company, who was the employer’s insurer at the time of the 1965 episode.

At the request of defendant, plaintiff was examined on October 20, 1965 by Dr. Rufus Craig, a specialist, certified by the American Board of Internal Medicine, and who has practiced this specialty in Alexandria for the past 10 years. Dr. Craig made a complete physical examination, including electrocardiograms, on two occasions, October 20, 1965 and September 2, 1966. His diagnosis differed substantially from that of Dr. Manuel. Dr. Craig’s opinion is that plaintiff has progressive coronary arteriosclerosis with angina. He explained that both the 1964 and the 1965 heart attacks were precipitated by physical exertion but that, in the absence of any finding of damage to the heart tissue, he concluded that after each attack the status of the heart was the same as it was preceding the attacks. Dr. Craig makes this clear in the following portion of his testimony:

“Q In this particular case did you see any indication of trauma or overexertion brought on this ultimate diagnosis that you described?
A The angina pectoris was precipitated by — if you consider physical exertion trauma, yes, in that during the effort that he was engaged in, the demand for blood for the heart was greater than these narrowed, sclerosed coronary arteries were able to provide at that particular time. Therefore, he had an inadequate oxygen supply to the heart muscle with resultant pain. When he ceased his activity the demand decreased, the supply caught up with the demand, the pain ceased. In other words angina pectoris is a syndrome which is completely reversible, once the episode is over with, the status of the heart is as it was preceding the attack of angina.”

Dr. Craig would not say whether plaintiff is presently disabled from hard manual labor. He suggested plaintiff could be given a series of “graded exercises” under a doctor’s close observation to determine how much physical exertion his heart would tolerate. Of course, this is in legal effect an opinion that plaintiff is disabled until such tests could be completed.

[623]*623At the trial, plaintiff called as an expert witness Dr. Roderick P. Perron, a general practitioner of Mamou. This physician had never examined or treated plaintiff but he had access to the records of Dr. Manuel (who has since left the practice of medicine and gone to law school), as well as all of the EKGs and the depositions of both Dr. Manuel and Dr. Craig. In answer to lengthy hypothetical questions, Dr. Perron agreed essentially with the diagnosis of Dr. Craig except that he expressed a definite opinion that due to coronary arteriosclerosis the plaintiff is permanently disabled from hard manual labor. This diagnosis was at least partially based on Dr. Perron’s personal knowledge of history of this type of heart disease in plaintiff’s family.

The essential issue is whether this expert medical testimony shows any causal connection between the 1965 heart attack and plaintiff’s present disability. The question is very similar to that presented in Seals v. Potlatch Forests, Inc., La.App., 151 So.2d 587 (3rd Cir. 1963; certiorari refused). There, the plaintiff, who was suffering from progressive coronary arteriosclerosis sustained a heart attack while working as a lumber grader. As in the present case, plaintiff recovered from this attack without any residual infarct (dead heart tissue) or other damage to the heart. All of the expert medical testimony was to the effect that after the attack plaintiff’s heart was in the same condition as it was before; and that the attack did not cause, aggravate or accelerate plaintiff’s heart disease. In denying compensation we quoted from the landmark case of Nickelberry v. Ritchie Grocer Company, 196 La. 1011, 200 So. 330 (1941) as follows:

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Related

Bertrand v. Coal Operators Casualty Company
221 So. 2d 816 (Supreme Court of Louisiana, 1969)

Cite This Page — Counsel Stack

Bluebook (online)
204 So. 2d 620, 1967 La. App. LEXIS 4883, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bertrand-v-coal-operators-casualty-co-lactapp-1967.