Bradley v. Manville Forest Products

616 So. 2d 280, 1993 La. App. LEXIS 1227, 1993 WL 96633
CourtLouisiana Court of Appeal
DecidedMarch 31, 1993
Docket24585-CA
StatusPublished
Cited by5 cases

This text of 616 So. 2d 280 (Bradley v. Manville Forest Products) 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
Bradley v. Manville Forest Products, 616 So. 2d 280, 1993 La. App. LEXIS 1227, 1993 WL 96633 (La. Ct. App. 1993).

Opinion

616 So.2d 280 (1993)

Bobby R. BRADLEY, Plaintiff-Appellee,
v.
MANVILLE FOREST PRODUCTS, Defendant-Appellant.

No. 24585-CA.

Court of Appeal of Louisiana, Second Circuit.

March 31, 1993.

*281 Jan P. Christiansen, Monroe, for defendant-appellant.

Robert S. Noel, II, Monroe, for plaintiff-appellee.

Before MARVIN, SEXTON and LINDSAY, JJ.

LINDSAY, Judge.

The defendant, Manville Forest Products Corporation, appeals from a trial court judgment finding that the plaintiff, Bobby R. Bradley, is temporarily, totally disabled due to a mental disability connected with his employment. For the following reasons, we reverse the trial court judgment.

FACTS

The plaintiff was hired on February 24, 1987 to work in the defendant's plant as a laborer. His duties included the clean up of waste under the pulper machines. The waste consists of hot liquid which frequently overflows from the pulper machines during the production process.

On May 5, 1987, the plaintiff was injured when he slipped into a large quantity of the hot liquid from a pulper machine. The liquid ran into his boots, causing second degree burns to his left foot and third degree burns to his right foot. The plaintiff was immediately admitted to a local hospital for treatment. The burns to the plaintiff's right foot required skin grafts. The skin grafting procedure was a success and the plaintiff was discharged from the hospital on May 22, 1987.

The plaintiff received workers' compensation benefits for two years at the rate of $261 per week. Medical bills totalling $10,400 were also paid. During this period of time, the plaintiff continued to complain with a number of physical problems, including difficulty walking and standing. He claimed that his feet swelled with prolonged standing and he began using a cane to walk. He complained of nausea and a burning sensation in his stomach. He also *282 claimed to have pain in his neck. He further complained of sleep disturbances, including sleeplessness and recurrent dreams of falling into the hot liquid from the pulper machine.

Regarding the plaintiff's burns, his treating physician, Dr. Rizzo, a surgeon, felt that by July, 1987, these injuries were completely healed. Dr. Rizzo saw the plaintiff in May, 1988 and noted that although the plaintiff continued to walk with a cane and complained of swelling, no physical infirmity was noted. Dr. Rizzo referred the plaintiff to a neurologist for evaluation of possible nerve damage, but no such damage was found.

The plaintiff began to complain with pain in his neck in the summer of 1988. Evaluation of this problem by Dr. Giavoli, an orthopedic specialist, revealed that the plaintiff had degenerative cervical disc disease at C6-7 that did not require surgery.

The plaintiff's stomach complaints were also evaluated by a specialist. It was learned that the plaintiff was diagnosed with a peptic ulcer in 1984 and that this was the source of his stomach discomfort.

In addition to the numerous physical complaints voiced by the plaintiff, he also exhibited emotional complaints. The plaintiff had a preexisting problem with alcohol. After his release from the hospital following his injury, the plaintiff became increasingly depressed and his alcohol problem worsened. The plaintiff's marriage failed and he was ultimately admitted to a psychiatric facility for treatment.

The plaintiff was treated for his mental problems at the North Monroe Pavilion from September 14, 1988 to October 6, 1988. His psychiatrist, Dr. F. E. Weinholt, stated in the discharge summary that the plaintiff had mild post traumatic stress disorder after injury and had chronic alcohol dependence dating back to the early 1980s. Reports by Dr. Weinholt indicate that the plaintiff's main problem was alcoholism and not post traumatic stress disorder. Upon discharge, Dr. Weinholt felt that the plaintiff had not adequately accepted the fact that he was an alcoholic.

After the plaintiff received workers' compensation benefits for two years, and after all his physical complaints were thoroughly investigated and dismissed, physicians treating the plaintiff determined that he was no longer physically disabled and was able to return to work. Manville offered the plaintiff the opportunity to return to work at the plant, at his previous position and salary. However, the plaintiff refused to return, contending he was disabled. Manville terminated the plaintiff's disability benefits on June 2, 1989. The plaintiff filed a claim with the workers' compensation office, but an amicable resolution was not reached. On November 11, 1989, the plaintiff filed suit in district court for workers' compensation benefits.

The plaintiff claimed that, in addition to the burns received in the accident, he suffered a neck injury and suffered from post traumatic stress disorder.

Trial on the merits was held on November 18, 1991. In reasons for judgment, the trial court found that, based upon the medical evidence, the plaintiff suffered no permanent physical injury or disability that was causally connected to his employment at Manville. However, the trial court did find that the plaintiff suffered a mental impairment to such a degree that he is incapable of normal functioning and that the disability was causally connected to the accident. The trial court stated that the plaintiff suffered from an emotional handicap which perhaps existed before the accident, but which was aggravated and exacerbated by it to a degree that his ability to function in the work environment was destroyed. The court found that prior to the accident, although the plaintiff had an alcohol problem, he was able to work and to keep his marriage viable.

The court found that the plaintiff was temporarily totally disabled and, on the basis of LSA-R.S. 23:1202, the plaintiff was entitled to 75% of his average weekly wage, retroactive to the date of termination of his benefits, subject to any reduction which might apply under LSA-R.S. 23:1225, concerning receipt of Social Security benefits.

*283 The trial court found that the plaintiff was not entitled to penalties and attorney fees because the defendant had a reasonable basis for investigating the claim and terminating the benefits.

A judgment in favor of the plaintiff was signed by the court on February 26, 1992. The defendant appealed the trial court judgment.[1]

The defendant claims that the plaintiff failed to prove that his is suffering from a mental disability that prevents him from returning to work. The defendant also argues that the trial court erred in finding a causal connection between any mental disability that the plaintiff may have and the accident in which he was burned.

MENTAL DISABILITY

LSA-R.S. 23:1221 provides that compensation shall be paid for the temporary total disability of an employee to engage in any self-employment or gainful occupation for wages, whether or not the same or a similar occupation as that in which the employee was customarily engaged when injured and whether or not an occupation for which the employee at the time of the injury was particularly fitted by reason of education, training or experience.

Mental disabilities have been held to be compensable under the Workers' Compensation Act. Bernard v. O'Leary Brothers Signs, Inc., 606 So.2d 1331 (La.App. 3d Cir.1992); Westley v. Land and Offshore, 523 So.2d 812 (La.1988); Carter v. Avondale Shipyards, Inc., 308 So.2d 472 (La.App. 4th Cir.1975); Hayes v. Boh Brothers Construction Company, Inc., 606 So.2d 899 (La.App. 4th Cir.1992); Jordan v.

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Bluebook (online)
616 So. 2d 280, 1993 La. App. LEXIS 1227, 1993 WL 96633, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bradley-v-manville-forest-products-lactapp-1993.