Broussard v. Morton Chemical Co.

478 So. 2d 748, 1985 La. App. LEXIS 10107
CourtLouisiana Court of Appeal
DecidedNovember 7, 1985
DocketNo. 84-849
StatusPublished

This text of 478 So. 2d 748 (Broussard v. Morton Chemical 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
Broussard v. Morton Chemical Co., 478 So. 2d 748, 1985 La. App. LEXIS 10107 (La. Ct. App. 1985).

Opinion

STOKER, Judge.

This is a workmen’s compensation claim based on a claim of permanent and total disability caused by a back injury. The trial court found that the plaintiff had not met his burden of proving that his injury was causally related to his employment and dismissed the suit. The plaintiff, Thad Broussard, appeals. We affirm.

We approve the careful and thoughtful approach of the trial judge and adopt as our own his Findings of Fact and Reasons for Judgment:

“FINDINGS OF FACT AND REASONS FOR JUDGMENT

“In January of 1980, Plaintiff, Thad Broussard, was hired by Morton Chemical Company (Morton) as a stock room clerk. He later worked as a mechanic’s apprentice and was subsequently transferred to the salt cake plant, performing manual labor when plaintiff’s superiors felt he was not learning the mechanic’s job quickly enough. After moving to the salt cake plant, plaintiff filed a grievance with the union complaining that he had been unfairly treated. This resulted in Morton agreeing to give Mr. Broussard a second chance to work as a mechanic’s apprentice.

“Plaintiff contends that he injured his back while digging in a tunnel at the salt [749]*749cake plant, rendering him totally and permanently disabled. He filed suit against Morton for benefits and medical expenses under the Louisiana Worker’s Compensation provisions.

“In West v. Bayou Vista Manor, Inc., 371 So.2d 1146 (La.1979), the Louisiana Supreme Court set forth the applicable legal principles governing the burden of proof necessary to establish a work-related injury. In a worker’s compensation suit, the employee must prove by the testimony as a whole that more probably than not an employment accident caused the disability of which the employee complained. The Court went on to state that the trier of fact should accept as true the uncontradicted testimony of a witness, even though the witness is a party, in the absence of circumstances casting suspicion on the reliability of this testimony.

“Mr. Broussard first began to have back trouble in 1974 when he was about fourteen (14) years old. Dr. Richard LeBlanc, a New Iberia orthopedic surgeon, diagnosed plaintiff as suffering from a condition known as a spondylolysis defect of the L-4 par interarticularis on the right side. Dr. LeBlanc does not feel that this spondyloly-sis defect was a result of trauma, but rather that the condition developed during plaintiff’s growth cycle and subsequently became symptomatic. In 1975, Dr. Le-Blanc attempted to correct the problem by performing a fusion of the L-4 to the S-l vertebra. Plaintiff was discharged from Dr. LeBlanc’s care in January of 1976 with an assessment of total body impairment of 15-20%.

“Plaintiff began experiencing lower back pain in March of 1983. He was examined by Dr. LeBlanc on April 12, 1983. According to Dr. LeBlanc, x-rays revealed a spon-dylolysis defect of the L-3 par interarticu-laris bilaterally. At this time, plaintiff did not at all suggest that his back problems were work-related. He made subsequent visits to Dr. LeBlanc on April 26, 1983 and on June 10, 1983. Significantly, on neither of these visits did plaintiff indicate that his complaints emanated from an employment injury. It was not until July 8, 1983, after the June 30, 1983 closing of the Morton plant, that he informed Dr. LeBlanc that he had done some shoveling while at the salt cake plant and that he thought that his back difficulties stemmed from the repeated bending and lifting that job required. He never lodged a complaint concerning his back with the union representative, Ted Williams, nor is there any evidence that he ever mentioned having back trouble to any of his co-workers, friends, or to his father, a Morton supervisor. Plaintiff did not report a work-related injury to company officials until July 14, 1983, some four (4) months after he alleges the back pains commenced. As a matter of fact, Mr. Broussard collected approximately $3,400.00 in diability [sic] benefits and had eighty percent (80%) of his medical expenses paid by Prudential Insurance Company under an accident and sickness policy. He maintained on the Prudential claim forms that the ‘sickness or injury’ complained of did not arise out of Plaintiff’s employment. In an attempt to explain why he failed to report his back injury until after the closing of the plant, Plaintiff testified that he was apprehensive that he would lose his job if he entered a complaint. However, in the year 1983, Plaintiff reported two other on the job injuries. One involved an incident in which plaintiff got sulfur dust in his eyes and the other concerned a knee injury.

“Based solely on Plaintiff’s newly proffered medical history given to Dr. LeBlanc on July 8, 1983, the doctor opined that the shoveling that Plaintiff did at the salt cake plant probably precipitated the fatigue fracture in Plaintiff’s back. He felt that the 1975 fusion of the L-4 joint was still solid, but that the fusion had weakened the joints above and below the fused joint.

“Dr. William L. Meuleman, an orthopedic surgeon, reviewed Plaintiff’s medical history and the x-rays which Dr. LeBlanc took of Plaintiff’s back. He testified that Mr. Broussard’s back difficulties could be work-related. He, also, suggested that these problems possibly resulted from a [750]*750non-union of the joints in the 1975 back operation and that the problems would have ultimately manifested themselves with or without any trauma. Dr. Meule-man stated that the x-rays were of poor quality and that he was not sure that Plaintiff actually had a defect of the L-3 pars interarticularis.

“It is clear that in forming their opinions as to the cause of Plaintiffs back injuries, both doctors relied heavily on Plaintiffs statement that his pains first began after working with a shovel at the salt cake plant. Mr. Broussard maintained this position throughout the trial. Although the general rule, is that the uncontradicted testimony of a witness, even though the witness is a party, should be accepted as true, this principle is to be followed only if there is ‘absence of circumstances’ in the record casting suspicion on the reliability of this testimony. West supra. The above mentioned sequence of events leading to the filing of this suit casts considerable suspicion, in the Court’s mind, on the reliability of Plaintiff’s testimony. The Court finds that Mr. Broussard has not met his burden of proving by a preponderance of the evidence that his back injuries are work-related. The Court finds no causal relationship between Plaintiff’s back problems and his employment with Morton and must dismiss Plaintiff’s suit with prejudice. All costs of this proceeding are assessed to Plaintiff.”

This kind of case generally presents a twofold question. The first inquiry is whether there was an “accident” according to the definition found in the Workmen’s Compensation Act, LSA-R.S. 23:1021(1). The second inquiry is whether there was a causal relationship between the injury and the worker’s employment, that is, whether the injury is work-related. These two inquiries are closely related and both must be answered in the affirmative in order for the employee to receive compensation under the Act.

LSA-R.S. 23:1021(1) defines “accident” as “an unexpected or unforeseen event happening suddenly or violently, with or without human fault, and producing at the time objective symptoms of an injury.” It is difficult to apply this definition to cases such as this case before us in which the injury appears to be the result of some continuous stress.

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Bluebook (online)
478 So. 2d 748, 1985 La. App. LEXIS 10107, Counsel Stack Legal Research, https://law.counselstack.com/opinion/broussard-v-morton-chemical-co-lactapp-1985.