Chapman v. Belden Corp.

428 So. 2d 396
CourtSupreme Court of Louisiana
DecidedFebruary 23, 1983
Docket82-C-1428
StatusPublished
Cited by22 cases

This text of 428 So. 2d 396 (Chapman v. Belden Corp.) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Chapman v. Belden Corp., 428 So. 2d 396 (La. 1983).

Opinion

428 So.2d 396 (1983)

Ezra CHAPMAN
v.
BELDEN CORPORATION and State of Louisiana, through the Louisiana National Guard.

No. 82-C-1428.

Supreme Court of Louisiana.

February 23, 1983.
Rehearing Denied March 25, 1983.

Charles E. Welsh, Asst. Atty. Gen., for applicant.

James D. Davis, Alexandria, Donald R. Wilson, Jena, for respondents.

DIXON, Chief Justice.

Plaintiff, Ezra Chapman, sustained a back injury while working for his regular employer, Belden Corporation, and suffered a heart attack after attending a weekend drill with the Louisiana National Guard. Plaintiff brought suit against both Belden *397 and the Louisiana National Guard, seeking permanent disability benefits under the workmen's compensation act. Recovery was granted by the trial court and affirmed by the court of appeal. Chapman v. Belden Corp., 414 So.2d 1283 (La.App.1982). On the application of the State, through the National Guard, writs were granted to review the findings of the lower courts that "plaintiff, subsequent to the back injury, suffered a heart attack in the course of his employment as a member of the Louisiana National Guard." Chapman v. Belden Corp., supra at 1285.

Chapman, forty-six years old, was employed as a supervisor at Belden Corporation's wire plant in Jena, Louisiana. He had worked for Belden for over ten years in various positions. On April 26, 1978, while stacking wire at the manufacturing plant, Chapman sustained a lumbosacral strain and was immediately taken to a doctor. The injuries to his back required rest and hospitalization. On May 13, 1978, pursuant to a written release from his physician, Dr. Riaz M. Chaudhry, Chapman returned to work. All workmen's compensation benefits were paid to Chapman for this period, as well as his medical expenses.

From May 13, 1978 through August 11, 1978, Chapman worked at Belden without incident. During this same period, in addition to fulfilling his duties at the Belden plant, Chapman satisfied the requirements of participation in the Louisiana National Guard, including three weekend drills and a two week summer camp. Chapman, an enlisted man, was a cook for the Guard.

On August 12, 1978, Chapman attended a Saturday drill at the Louisiana National Guard Armory in Jena, Louisiana. He worked from 7:00 a.m. to 2:00 p.m.; his duties consisted of supervising the preparation and serving of the noon meal. He arrived home shortly after 2:00 p.m. and "just sat around and read." At approximately 7:30 p.m., Chapman suffered an acute myocardial infarction. He was first hospitalized in Jena and then later in Alexandria, Louisiana, before being transferred to St. Luke's Hospital in Houston, Texas where he underwent a triple coronary bypass operation on November 3, 1978.

Following recuperation from the open heart surgery, in January 1979, Chapman attempted to return to work at Belden in a clerical position. Notwithstanding the change in his duties, Chapman was only able to work approximately two and one-half days when he began to experience chest pains. Since that time he has been unable to work for either Belden or the Louisiana National Guard.[1]

On May 25, 1979, Chapman filed a workmen's compensation suit against his employer, Belden Corporation, alleging that he was totally and permanently disabled from the injuries sustained on April 26, 1978 and August 12, 1978. Subsequently, in May 1980, Chapman and Belden filed amended complaints naming the Louisiana National Guard as a defendant and third party defendant. Both amended complaints alleged that Chapman was entitled to workmen's compensation from the Guard for the heart attack on August 12, 1978. In addition, Belden sought recovery from the Guard of all medical and compensation benefits paid to Chapman following the heart attack.

After trial on the merits, the court found Chapman to be totally and permanently disabled. Judgment was rendered in favor of Chapman and against Belden for workmen's compensation benefits of $138.00 per week for one hundred weeks under R.S. 23:1221(4)(p) "since plaintiff was working in pain." Belden was given credit for social security benefits paid to Chapman pursuant to R.S. 23:1225.

The trial court also awarded Chapman workmen's compensation benefits from the *398 State of Louisiana, through the Louisiana National Guard, at the rate of $961.37 in benefits on a monthly basis from the date of the heart attack on August 12, 1978 and continuing for the period of disability.

Only the state applied for writs to this court. Accordingly, the lower court's holding in regard to Chapman's action against Belden is final.

Concededly, plaintiff is totally and permanently disabled. However, in order to recover benefits under the Louisiana Workmen's Compensation Law, the employee must establish that he received a "personal injury by accident arising out of and in the course of his employment." R.S. 23:1031. Heart attacks have been held to be accidents within the purview of our workmen's compensation laws. Guidry v. Sline Industrial Painters, Inc., 418 So.2d 626 (La.1982); Roussel v. Colonial Sugars Co., 318 So.2d 37 (La.1975); Bertrand v. Coal Operators Casualty Co., 253 La. 1115, 221 So.2d 816 (1969). "An accident that happens while an employee is actively engaged in the performance of his duties during working hours will be regarded as having occurred in the course of his employment...." 1 W. Malone & H. Johnson, Workers' Compensation § 161 in 13 Louisiana Civil Law Treatise 303 (2d Ed. 1980).

Plaintiff claims that he is disabled as a result of a myocardial infarction triggered by his activities as a cook on a regular weekend drill with the Louisiana National Guard.

The State of Louisiana, on behalf of the Louisiana National Guard, contends that the myocardial infarction did not arise out of and in the scope of his National Guard duty. Instead, the state argues that the heart attack was the result of hypertension and the stress that Chapman was under while employed at Belden Corporation.

The plaintiff carries the burden of proving by a preponderance of the evidence that there is a connection between the heart attack and the employment activity. Hammond v. Fidelity & Casualty Co. of New York, 419 So.2d 829 (La.1982); Guidry v. Sline Industrial Painters, Inc., supra.

Chapman was forty-six years old when the heart attack occurred. He was slightly obese[2] and had been undergoing treatment since 1973 for hypertension. Arteriosclerotic heart disease was diagnosed as the underlying cause of his myocardial infarction. Plaintiff's regular physician, Dr. Chaudhry, testified that plaintiff smoked, an additional factor that often aggravates a preexisting heart condition. Dr. Rufus Craig, a cardiologist, disclosed at his deposition that plaintiff "said that for thirty years he smoked a half a pack of cigarettes a day and he stopped when he had his first heart problem in August of 1978."

Chapman has been a patient of Dr. Chaudhry, a physician specializing in internal medicine, since 1977. Dr. Chaudhry stated that he first began treating plaintiff for headaches and high blood pressure and then later discovered that he also "had a renal vascular problem with a partial obstruction of one of the vessels of the kidneys."

On August 12, 1978, the day of the heart attack, plaintiff left for his duty at the National Guard "somewhere close to 7:00." On his way, he and some of the other Guardsmen stopped at the grocery store to purchase food and supplies. Chapman testified that he rode in the truck "with the other boys" and waited for them while they shopped.

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428 So. 2d 396, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chapman-v-belden-corp-la-1983.