Ceasor v. Belden Corp.

536 So. 2d 1261, 1988 WL 85419
CourtLouisiana Court of Appeal
DecidedJanuary 17, 1989
Docket87-646
StatusPublished
Cited by5 cases

This text of 536 So. 2d 1261 (Ceasor v. Belden 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
Ceasor v. Belden Corp., 536 So. 2d 1261, 1988 WL 85419 (La. Ct. App. 1989).

Opinion

536 So.2d 1261 (1988)

Roosevelt CEASOR, Plaintiff-Appellant,
v.
BELDEN CORPORATION and Liberty Mutual Insurance Company, Defendants-Appellees.

No. 87-646.

Court of Appeal of Louisiana, Third Circuit.

August 18, 1988.
On Rehearing January 17, 1989.

Broussard, Bolton, Halcomb & Vizzier, Daniel E. Broussard, Jr., Alexandria, for plaintiff-appellant.

Gaharan & Wilson, Joseph Wilson, Jena, for defendants-appellees.

Before STOKER, DOUCET and KING, JJ.

*1262 KING, Judge.

The sole issue presented is whether or not the trial court was correct in denying worker's compensation benefits, penalties and attorney's fees to plaintiff.

Roosevelt Ceasor (hereinafter plaintiff) was employed by Belden Corporation (hereinafter defendant) as a wire stranding operator on the date of his alleged injury. Plaintiff claims that a reel of wire, weighing 490 pounds, fell on his right foot, causing injuries. Plaintiff's right foot became infected and failed to respond to antibiotic treatments and heat soaks. Eventually, plaintiff's right foot and leg became infected with gangrene and were amputated. Plaintiff filed a claim for workman's compensation benefits which was denied. Thereafter, plaintiff filed suit against defendant and its insurer, Liberty Mutual Insurance Company. The trial court found that plaintiff failed to prove that an injury occurred at work and that plaintiff failed to prove that the amputation was causally related to the injury even if it occurred at work. Plaintiff timely appeals. We reverse and render judgment.

FACTS

Plaintiff was employed by defendant as a wire strand operator on June 13, 1984, the date of the alleged injury. Plaintiff, who was 45 years old, had been employed by defendant for six years. As a wire strand operator, plaintiff was required to operate four stranding machines each pulling individual wires from separate spools and stranding them together to form a single heavy gauge stranded wire. As the individual spools ran out, plaintiff was required to stop the machine and solder the end of the single wire on the empty spool to the beginning end of a single wire on a new spool. Each stranding machine utilized several separate spools of wire, depending upon the gauge of finished stranded wire needed. As plaintiff was required to watch and operate four stranding machines, he was further required to watch as many as 40 individual spools of wire. Stranding operators were not allowed to let a separate spool of single wire run empty as this would change the gauge of the stranded wire being produced.

When a reel of stranded wire was completed and full, the stranding machine was turned off and opened. A hoist was maneuvered overhead and the 490 pound reel of finished stranded wire was removed from the stranding machine and lowered to the ground. Before the reel could be tagged and wrapped, several feet of the stranded wire had to be stripped off the reel to look for broken ends of the individual wires making up the strand. In order to accomplish this, some employees would lean the spool of completed stranded wire against another reel or against a nearby stranding machine.

Plaintiff testified at trial to the following events. On the day of the alleged accident he leaned a reel of completed stranded wire against another reel to strip it of any broken wires. As he was stripping the reel, he noticed a spool of single strand wire emptying on a nearby stranding machine. Plaintiff stated that he moved to check the spool and disturbed the leaning reel, causing it to fall on his right foot, crushing his steel toed boot. Plaintiff stated he fell backwards on his rear and stopped the fall by using his hands. He stated another employee, Jimmy Bowman, came over to plaintiff's working area immediately after the accident and saw the reel on its side. Plaintiff stated he told Bowman of the accident at that time and then returned to the stranding operation. Bowman substantiated these events at trial.

Plaintiff testified that soon after the accident, his right foot began to tingle and later began to burn. He left the work area and went into a supervisor's office to spray his foot with instant ice spray from a first aid kit. At approximately 2:00 P.M., Martha Greer, the acting supervisor, asked plaintiff to work overtime the following day, June 14, 1984. Plaintiff stated that he agreed to the overtime work only after notifying Greer of the accident and indicating that his foot was hurting and needed the attention of a doctor. Plaintiff left work at 5:00 P.M. on Wednesday, June 13th and once at home, he told his wife of *1263 the accident and soaked his foot in ice water. While plaintiff was soaking his foot, Willie Curry, a neighbor, came by to visit. After seeing plaintiff's swollen foot, he offered to have his wife, JoAnn, who was an L.P.N., come and treat his foot with betadyne antibiotic solution. Plaintiff did not remember what day JoAnn came by, but does remember getting the betadyne solution and soaking his foot. Plaintiff returned to work the following day and worked the additional overtime he had agreed to work.

Plaintiff stated he went to Dr. William C. Coney, a general practitioner in Jonesville, Louisiana, on Thursday, June 14th, after he got off work. However, the doctor was out of the office and not expected back until the following day. Plaintiff returned on Friday, June 15th, and the doctor was again out of the office. Over the weekend, plaintiff was treated by JoAnn Curry on Saturday and Sunday. Plaintiff did not receive an examination until Monday, June 18th, when Dr. Coney admitted him to Catahoula Parish Hospital because his foot was in a gangrenous state and grossly infected with a purulent drainage from the second toe. The second toe was later diagnosed as having gangrene and conservative treatment of heat soaks and antibiotics were begun immediately. On July 27th, when the conservative treatment failed to bring about improvements, Dr. Charles W. Roberts, a general surgeon, amputated plaintiff's right leg from the knee down. Plaintiff was later fitted with an artificial leg prosthesis.

Both Dr. Coney and Dr. Roberts testified in their depositions that plaintiff, as a diabetic, was more prone to suffer from infections, took longer to heal, and that he would have a decreased sense of touch in his extremities. Both doctors also testified that they had no reason to believe that the injury and trauma the plaintiff sustained did not take place as the plaintiff stated it had. Their observations of the plaintiff's foot were consistent with the history of the injury as given by plaintiff.

Dr. Coney stated that on Monday, June 18, 1984 when he saw plaintiff, that his second toe of the right foot had sustained trauma. This was in addition to the entire foot being grossly infected. Dr. Coney was specific in stating, "the second toe looked like it had the brunt of the trauma to it...." When asked if he saw a lesion, he replied, "It was just a totally infected smelly open area. I didn't write down on his chart the exact location of the lesion."

Dr. Roberts also spoke in favor of the possibility of plaintiff's accident occurring as plaintiff had reported it. When asked his opinion about the causal connection between the alleged accident and plaintiff's injury, Dr. Roberts answered as follows:

"Q. Doctor, assuming that Mr.

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Bluebook (online)
536 So. 2d 1261, 1988 WL 85419, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ceasor-v-belden-corp-lactapp-1989.