Boren v. Louisiana Pacific Corp.

486 So. 2d 1190, 1986 La. App. LEXIS 6636
CourtLouisiana Court of Appeal
DecidedApril 9, 1986
Docket85-331
StatusPublished
Cited by6 cases

This text of 486 So. 2d 1190 (Boren v. Louisiana Pacific Corp.) 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
Boren v. Louisiana Pacific Corp., 486 So. 2d 1190, 1986 La. App. LEXIS 6636 (La. Ct. App. 1986).

Opinion

486 So.2d 1190 (1986)

Julia K. BOREN, Plaintiff-Appellee,
v.
LOUISIANA PACIFIC CORPORATION, Defendant-Appellant.

No. 85-331.

Court of Appeal of Louisiana, Third Circuit.

April 9, 1986.
Rehearing Denied May 6, 1986.
Writ Denied June 20, 1986.

*1191 Michael H. Davis, Alexandria, for plaintiff-appellee.

Donald R. Wilson, Jena, for defendant-appellant.

Before KNOLL, KING and BRUNSON,[*] JJ.

KNOLL, Judge.

Louisiana Pacific Corporation appeals the trial court's judgment awarding Julia K. Boren worker's compensation benefits of $163 per week for the death of her husband, Leon Boren. Louisiana Pacific contends the trial court erred in awarding worker's compensation death benefits: (1) when there was no proof of an accident; and (2) where Mrs. Boren failed to carry her burden of proving, by a preponderance of the evidence, that her husband's illness was employment-related. We reverse, finding the record lacks sufficient evidence to support the trial court's finding that Mr. Boren's illness was causally related to his employment.

FACTS

Leon Boren, 59 years of age, was employed as a millwright for Louisiana Pacific. His job entailed maintenance, repair, and welding. On the morning of June 26, 1981, Mr. Boren left work due to severe lower abdominal pain and was admitted to the emergency room at Rapides General Hospital. He was subsequently transferred to the intensive care unit because he was critically ill.

During the week preceding his admission to the hospital, Mr. Boren had a history of diarrhea and vomiting. He missed two days of work, returned for a full day of work on June 25, and then worked part of the morning of June 26. Upon his admission to the hospital, Mr. Boren was evaluated by surgeons, urologists and internists, who concluded that he had an acute abdomen. Surgery was performed and the appendix was removed, but there was no evidence of an appendicitis. After surgery, Mr. Boren remained in a shock-like condition, reminiscent of septic shock. He died three days later.

An autopsy confirmed that Mr. Boren died of septic shock due to gastroenteritis following a perforation of the bowel. Clinical and pathological findings support that the most likely diagnosis is septic shock syndrome with the portal of entry of bacteria being the gastrointestinal tract.

PROOF OF AN ACCIDENT

Louisiana Pacific contends Mrs. Boren failed to prove an accident occurred and that Mr. Boren's illness does not fall within the definition of accidental injury as contemplated by the worker's compensation law.

LSA-R.S. 23:1031 provides in pertinent part:

"If an employee not otherwise eliminated from the benefits of this Chapter, receives personal injury by accident arising out of and in the course of his employment, his employer shall pay compensation in the amounts, on the conditions, and to the person or persons hereinafter designated."

The terms "accident" and "injury" for the purpose of worker's compensation are defined in LSA-R.S. 23:1021 as follows:

"(1) `Accident' means an unexpected or unforseen event happening suddenly or violently, with or without human fault, and producing at the time objective symptons of an injury.
* * * * * *
(7) `Injury' and `personal injuries' include only injuries by violence to the physical structure of the body and such disease or infections as naturally result therefrom. These terms shall in no case be construed to include any *1192 other form of disease or derangement, however caused or contracted."
Our courts have consistently accorded the terms of the Worker's Compensation Act a liberal construction in order to effectuate its beneficent purpose of relieving workers of the economic burden of work-connected injuries by diffusing the costs in channels of commerce. Parks v. Insurance Co. of North America, 340 So.2d 276 (La.1976). Extraordinary physical stress and strain is not essential to the definition of an accident when the performance of the usual and customary duties of a worker cause or contribute to a physical breakdown, the statutory requirements for an accidental injury are present. Daney v. Argonaut Ins. Co., 421 So.2d 331 (La.App. 1st Cir. 1982); Parks, supra; Ferguson v. HDE, Inc., 270 So.2d 867 (La.1972). More particularly, the Louisiana Supreme Court has recognized that the fact that a condition may commonly be referred to as an illness or disease does not thereby preclude its classification as an accident. Daney, supra; Parks, supra.

In the instant case, Louisiana Pacific contends that Mrs. Boren must be able to identify a single event or a chain of events occurring at the work place, during Mr. Boren's employment, which caused his infection or illness. We disagree. The jurisprudence clearly establishes that an illness or disease which is not sudden may be classified as an accident and may fulfill the statutory requirements for an accidental injury under the Worker's Compensation Act. Therefore, Mrs. Boren's inability to identify a specific accident or chain of events would not preclude her from receiving death benefits.

CAUSATION

As in all civil actions, the plaintiff in a worker's compensation case must establish causation by a preponderance of the evidence. Flood v. Hub Auto Parts, Inc., 425 So.2d 941 (La.App. 4th Cir.1983), writ denied, 429 So.2d 158 (La.1983); Martin v. Rollins Services Inc., 424 So.2d 429 (La. App. 4th Cir.1982); Prim v. City of Shreveport, 297 So.2d 421 (La.1974). This burden is met when the evidence, taken as a whole, shows that a causal connection between the employment activity and the injury or illness is more probable than not. Flood, supra; Martin, supra. It is not necessary to show that the injury was caused by unusual activities of the employee or that those activities were the exclusive cause of the accident. It is only necessary to show that the death or disability was caused or precipitated by the employee's usual and customary activities or other factors directly connected with his employment. Nor is it required that the claimant establish the exact cause of the injury in order to recover benefits; it is only necessary to show that somehow the work caused the accident or illness. Flood supra; Martin, supra. If the testimony leaves the probabilities equally balanced, the plaintiff has failed to carry the burden of persuasion. Likewise, the plaintiff's case must fail if the evidence shows only a possibility of a causative accident or leaves it to speculation or conjecture. Prim, supra; Jones v. Alexander, 399 So.2d 216 (La.App. 2nd Cir.1981), writ denied, 400 So.2d 1383 (La.1981).

An employee's disability or death will be presumed to have resulted from an employment accident if before the accident the employee was in good health, but commencing with the accident the symptoms of the disabling condition appear and continuously manifest themselves, provided that the evidence shows that there is a reasonable possibility of causal connection between the employment and the illness or disabling condition. Martin, supra; Hammond v. Fidelity & Cas. Co. of New York, 419 So.2d 829 (La.1982). When applicable, this presumption is not conclusive, but shifts the burden to the defendant to produce evidence sufficient to rebut it. Martin, supra; Hammond, supra.

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Bluebook (online)
486 So. 2d 1190, 1986 La. App. LEXIS 6636, Counsel Stack Legal Research, https://law.counselstack.com/opinion/boren-v-louisiana-pacific-corp-lactapp-1986.