Chapman v. Pelican Truck Lines, Inc.

541 So. 2d 1015, 1989 La. App. LEXIS 716, 1989 WL 37037
CourtLouisiana Court of Appeal
DecidedApril 19, 1989
DocketNo. 88-94
StatusPublished
Cited by1 cases

This text of 541 So. 2d 1015 (Chapman v. Pelican Truck Lines, Inc.) 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
Chapman v. Pelican Truck Lines, Inc., 541 So. 2d 1015, 1989 La. App. LEXIS 716, 1989 WL 37037 (La. Ct. App. 1989).

Opinion

KING, Judge.

The sole issue presented by this appeal is whether the trial court was correct in finding that plaintiff’s physical condition was attributable to a work-related accident and that he was entitled to worker’s compensation benefits.

Jerry G. Chapman (hereinafter Chapman) filed suit on April 12, 1982 for worker’s compensation benefits, penalties, and attorney’s fees naming as defendants his employer, Pelican Truck Lines, Inc. (hereinafter “Pelican”) and its worker’s compensation insurer, Northwest Insurance Company. On June 24, 1985, a notice of liquidation and injunction against proceeding in litigation against Northwest Insurance Company was filed by the insurance commissioner for the State of Oregon. At trial, the court took judicial notice of the record and the fact that Northwest Insurance Company was no longer a party to the suit. After a trial on the merits, the court took the matter under advisement. Judgment was rendered against Pelican and the State of Louisiana in solido. The State was never a party to the litigation.1

On October 19, 1987, judgment was rendered in favor of Chapman and against Pelican for worker’s compensation benefits in the amount of $183.00 per week from the date of the accident, subject to a credit of $92.42 per week as an offset for Social Security Benefits already received. The claim for penalties and attorney’s fees was denied. A timely suspensive appeal was perfected by Pelican on November 30,1987. We affirm.

FACTS

The trial court clearly and thoroughly set forth the facts pertinent to this case in its written reasons for judgment which we are [1017]*1017pleased to adopt as our own. The trial court stated that:

“The facts in this matter are rather simple. An accident occurred on December 31,1981 outside of Beaumont, Texas. At that time JERRY G. CHAPMAN, the Plaintiff herein, was employed by PELICAN TRUCK LINES, INC., sometimes hereinafter referred to as employer or PELICAN. Plaintiff was driving a PELICAN vehicle from the main yard in Jena, Louisiana, to a site in Texas. An automobile accident occurred wherein Plaintiff claims to have sustained injuries. PELICAN (or its insurer who has since sought Federal Bankruptcy relief) paid compensation benefits through October 25, 1983. Plaintiff instituted a suit for worker’s compensation benefits, penalties, and attorney fees. Defendant denies that Plaintiff is entitled to benefits and, argues that, in the alternative, Defendant should be given credit for any Social Security benefits payments made.
There is no question that Plaintiff was in the course and scope of his employment at the time of the accident. The remaining question is the extent of Plaintiffs injuries.
The lay testimony was rather brief. David Deville, Sr., an officer with PELICAN TRUCK LINES, INC., testified under cross-examination. He acknowledged the accident and the fact that CHAPMAN was terminated from employment shortly thereafter. The cause for termination was this accident as well as a prior accident which occurred while Plaintiff was employed by PELICAN. Deville testified that he felt CHAPMAN had not been injured while working for PELICAN, and that CHAPMAN made no claim at the time of the accident.
CHAPMAN testified that he had no history of back problems prior to this accident and that immediately after the accident he suffered pain in the neck and shoulder region, mostly high pain. Subsequent to the accident he began to suffer low back pain. His wife, Rose Chapman, testified that prior to this accident her husband had never complained of low back pain. She did acknowledge that at times she and Plaintiff would haul logs in the woods, but that most of the time she was the one who skidded the logs and Plaintiff simply watched. Plaintiffs activities around the home, as described by Mrs. Chapman, were limited. She recalled one occasion in which he drove a truck all day, came in, and complained all evening.
A friend of the family, Wanda Price, testified that she had known the Plaintiff for four to five years and was aware of his complaints of back pain. She had, from time to time, assisted him in response to his complaints.
The principal lay testimony presented by the Defendant evolved around the immediate time period after the accident. Dowell DeWayne Ussery of Georgetown, Louisiana, testified that he was at the scene of the accident, was jarred around but suffered only minor injuries. He indicated that he had inquired as to how CHAPMAN felt immediately after the accident and CHAPMAN had responded that he felt alright under the circumstances. He did testify that shortly after the accident CHAPMAN began to have difficulties with his neck. Earl Ray Coon, the Yard Supervisor for PELICAN testified that he saw Plaintiff shortly after the accident and that Plaintiff made no comment about the extent of his injuries.
Numerous doctors testified by deposition. Their testimony is reviewed herein, not necessarily in the order in which they saw the Plaintiff, but rather in the order in which the depositions were filed.”

The trial court then reviewed the extensive medical evidence in great detail. We have also carefully reviewed this medical evidence and agree with the trial court’s evaluation of this evidence. The trial court then stated that:

"The evidence in this record is to the effect that the Plaintiff was basically an ‘otherwise healthy worker’ prior to the time of the accident. The medical testimony clearly reveals the Plaintiff had low back problems. Dr. Jackson performed surgery to correct this difficulty. [1018]*1018Dr. LaBorde establishes a causal connection despite early flexibility in the lower back. Additionally, Dr. Amsden confirmed that the Plaintiff was reluctant to complain of anything because of fear for his job. (A fear obviously well founded). It is the Court’s consideration of that evidence that the Plaintiff has bom [sic] the burden of proof by a preponderance of the evidence as to the causal connection between the accident and his diability [sic]. Therefore, the Court does find that the Plaintiff suffered a compensable accident within the intendment of Louisiana Revised Statute 23:1031. Therefore, the Plaintiff is entitled to recover worker’s compensation benefits in the amount of 66%s of his wages during the period of his disability as set forth by Louisiana Revised Statute 23:1221(2)(a).”

LAW

LSA-R.S. 23:1031 provides that any employee who is not otherwise eliminated from receiving worker’s compensation benefits shall be compensated by his employer for personal injury received by an accident arising out of and in the course of his employment. The amount of this compensation is 66%% of the employee’s wages during his period of disability if the injury produces permanent total disability. La.R. S. 23:1221(2)(a).

In a worker’s compensation proceeding to determine entitlement to disability benefits, the plaintiff must prove, by a preponderance of the evidence, that he received personal injury by an accident arising out of and in the course of his employment, that he is disabled, and that his disability resulted from injuries sustained in the work-related accident. Laughlin v. City of Crowley, 411 So.2d 708 (La.App. 3 Cir.1982). This court stated in Laughlin at page 712 that:

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Bluebook (online)
541 So. 2d 1015, 1989 La. App. LEXIS 716, 1989 WL 37037, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chapman-v-pelican-truck-lines-inc-lactapp-1989.