Blades v. Davis

446 So. 2d 958, 1984 La. App. LEXIS 8112
CourtLouisiana Court of Appeal
DecidedMarch 7, 1984
DocketNo. 83-522
StatusPublished
Cited by2 cases

This text of 446 So. 2d 958 (Blades v. Davis) 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
Blades v. Davis, 446 So. 2d 958, 1984 La. App. LEXIS 8112 (La. Ct. App. 1984).

Opinion

KNOLL, Judge.

This is a workmen’s compensation case for death benefits claimed by the decedent’s wife, Mrs. Dewey F. Blades, Jr., and four minor and dependent children, namely, Michael W. Blades, Allison D. Blades, Patrick Blades and Rebecca Blades, against Argonaut Insurance Company, the workmen’s compensation insurer of Edward Mike Davis d/b/a Tiger Oil Company, the employer of the deceased, Dewey F. Blades, Jr. The trial court found that workmen’s compensation death benefits were due Mrs. Blades and the children, and further found that although Rebecca and Patrick were majors, they were still dependents. The trial court rendered judgment against Argonaut in the sum of $95 per week, commencing May 11, 1977.

Argonaut brings this appeal contending that the trial court erred in awarding workmen’s compensation death benefits by finding a causal connection between symptoms of heart disease which occurred on the job and the subsequent heart failure in the hospital.

The plaintiffs answered the appeal1 maintaining that the trial court erred in not finding Argonaut arbitrary and capricious, and failing to award penalties and attorney’s fees.

FACTS

Prior to Mr. Blades working for Tiger Oil Company, he was employed by Shell Oil Company. While with Shell he sustained two heart attacks, the first occurring after he became upset over a conflict with his boss. The record does not reflect the circumstances surrounding the occurrence of the second heart attack.

Mike Davis, owner of Tiger Oil Company, offered Mr. Blades a position with Tiger Oil as geophysicist for more money and over[960]*960riding royalties in all oil, gas and mineral leases acquired as a result of Mr. Blades’ efforts. Mr. Blades accepted Mr. Davis’ offer and worked for Tiger Oil from 1974 until his death on May 11, 1977. Mrs. Blades and their four children were actually and wholly dependent upon Mr. Blades for their support. Rebecca, a major child, was attending college. She was dependent upon her father for educational and living expenses. Patrick, also a major, suffers from a birth defect known as Down’s Syndrome. His physical handicaps and mental retardation render him incapable of providing his own support.

On May 3, 1977, while on a business trip in Tulsa, Oklahoma, Mr. Blades suffered severe chest pains while running to board his employer’s airplane. That same day he was admitted to The Methodist Hospital in Houston, Texas for examination by Tiger Oil Company’s physician, Dr. Michael E. DeBakey. A series of tests conducted between May 3, 1977 and May 7, 1977 revealed that Mr. Blades suffered from arth-erosclerotic occlusive heart disease which consisted of 95% blockage in his right coronary artery and approximately 100% blockage in his left coronary artery. Dr. DeBa-key advised Mr. Blades that he needed double by-pass heart surgery.

Mr. Blades went home to Lake Charles to take care of personal business and returned to Methodist Hospital on May 9, 1977. Dr. DeBakey and a team of physicians performed open heart surgery on May 10, 1977. Mr. Blades died in the recovery room on May 11, 1977 of massive heart failure.

CAUSATION

To recover death benefits, plaintiffs must establish that Mr. Blades received a personal injury by accident arising out of and in the course of his employment. Roussel v. Colonial Sugars Company, 318 So.2d 37 (La.1975). In workmen’s compensation cases, LSA-R.S. 23:1021(1) defines an accident as:

.. an unexpected or unforseen event happening suddenly or violently, with or without human fault, and producing at the time objective symptoms of an injury. ”

The record is clear that Mr. Blades suffered an accident while on a business trip with his employer, Mike Davis. He was running to board the company plane and had stopped to catch his breath. Mr. Davis was rushing him and telling him to get on the plane. Mr. Blades began running again when a severe angina attack hit him. From the airport he was taken to The Methodist Hospital.

Appellants argue that since Mr. Blades died of heart failure and not angina, there is no causal connection between Mr. Blades’ employment and his death. We disagree.

Causation in heart disease cases has thoroughly been discussed by our Supreme Court in the following cases: Bertrand v. Coal Operators Casualty Company, 221 So.2d 816 (La.1968); Roussel, supra; Guidry v. Serigny, 378 So.2d 938 (La.1979); Adams v. New Orleans Public Service Inc., 418 So.2d 485 (La.1982); Guidry v. Sline Indus. Painters, Inc., 418 So.2d 626 (La.1982); Guillory v. U.S. Fidelity & Guar. Ins. Co., 420 So.2d 119 (La.1982). Using these cases as our guideline to determine causation issues, we find causation was clearly established.

Mr. Blades had an atherosclerotic occlusive heart disease and had two heart attacks before he went to work for Tiger Oil. Mr. Davis was informed of Mr. Blades’ heart condition. It is well settled that a worker’s pre-existing condition does not bar his recovery. Guidry v. Serigny, supra; Roussel, supra; Hammond v. Fidelity & Cas. Co. of New York, 419 So.2d 829 (La.1982); Guillory, supra; Gipson v. Dresser Indus. Valve Ops., Etc., 428 So.2d 1338 (La.App. 3rd Cir.1983), writ refused 433 So.2d 161 (La.1983); Roberts v. Sonic Drive In of Marksville, 441 So.2d 24 (La.App. 3rd Cir.1983), writ refused 444 So.2d 121 (La.1984). The employer takes the worker as he finds him. An abnormally susceptible worker is entitled to no less [961]*961protection under the compensation statute than a healthy worker. Allor v. Belden Corp., 393 So.2d 1233 (La.1981); Guillory, supra.

Dr. DeBakey testified by way of deposition. He explained that angina is pain and a symptom. It was his opinion that physical and mental stress are associated with the symptoms and that Mr. Blades needed the double by-pass heart surgery for the relief of pain and survival.

The accident Mr. Blades sustained was disabling. He was hospitalized and ultimately underwent major heart surgery. Our jurisprudence holds that: “Where there is proof of an accident and of the following disability without any intervening cause it is presumed that the accident caused the disability.” Allor, supra; Guillory, supra; Gipson, supra. Appellants argue that since Mr. Blades died in the hospital and not on the job, there was no causal connection between his death and his employment. This argument ignores the undisputed facts that Mr. Blades was hospitalized and had the surgery because of an on the job accident. In Ebarb v. Insurance Co. of North America, 424 So.2d 1266 (La.App. 3rd Cir.1982), writ refused 429 So.2d 138 (La.1983), this court, citing Guidry v. Sline Industrial Painters, Inc., supra, as authority, allowed death benefits where the employee, died of a heart attack in the hospital shortly after surgery to his hand. In the present case we do not find the line of causation broken because Mr. Blades died in the hospital rather than on the job.

The trial court determined that Mr. Blades’ employment was stressful. We agree. He had to find oil for his company, a task that required physical as well as mental exertion. Based on his suggestions, the pursuit to find oil at a particular site would become an expensive gamble for his company.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Luneau v. Hartford Accident & Indemnity Ins. Co.
493 So. 2d 857 (Louisiana Court of Appeal, 1986)
Guillot v. Sentry Ins. Co.
472 So. 2d 197 (Louisiana Court of Appeal, 1985)

Cite This Page — Counsel Stack

Bluebook (online)
446 So. 2d 958, 1984 La. App. LEXIS 8112, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blades-v-davis-lactapp-1984.