Coats v. American Tel. & Tel. Co.

681 So. 2d 1243, 1996 WL 625640
CourtSupreme Court of Louisiana
DecidedOctober 25, 1996
Docket95-C-2670
StatusPublished
Cited by52 cases

This text of 681 So. 2d 1243 (Coats v. American Tel. & Tel. Co.) 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
Coats v. American Tel. & Tel. Co., 681 So. 2d 1243, 1996 WL 625640 (La. 1996).

Opinion

681 So.2d 1243 (1996)

Billy W. COATS
v.
AMERICAN TELEPHONE & TELEGRAPH COMPANY.

No. 95-C-2670.

Supreme Court of Louisiana.

October 25, 1996.

*1244 Gordon Neal Blackman, Jr., Blackman & Blackman, Shreveport, for Applicant.

Robert A. Dunkelman, Blanchard, Walker, O'Quin & Roberts, Shreveport, for Respondent.

VICTORY, Justice.[*]

We granted certiorari in this case to review the court of appeal's determination that the claimant (1) did not suffer an "accident" as defined in the worker's compensation statute and (2) failed to prove that she was disabled such that recovery under the provisions of LSA-R.S. 23:1031.1 pertaining to occupational disease was precluded. For reasons more fully discussed below, we affirm the judgment of the court of appeal.

FACTS AND PROCEDURAL HISTORY

In 1972, Mrs. Billy W. Coats ("Mrs. Coats") began her employment with AT & T and continued until a mass plant layoff on April 19, 1991. Mrs. Coats' first job consisted of working on a conveyer using an airpowered screwdriver to assemble telephones. As early as March 1972, Mrs. Coats began complaining of pain in her right wrist. She continued to operate the air-powered screwdriver until 1982 when AT & T placed her on work restrictions to accommodate her complaints. At that time, Mrs. Coats was also referred by AT & T to Dr. Winston Brown, a neurosurgeon. Dr. Brown conducted a nerve conduction velocity test and an electromyography ("EMG") test. While the EMG results were normal, the nerve conduction velocity test was mildly suggestive of carpal tunnel syndrome. As a result of Dr. Brown's report, additional work restrictions were placed on Mrs. Coats.

On March 8, 1991, just ten days before receiving formal notice of her upcoming layoff, Mrs. Coats complained to the AT & T medical department of pain in her right wrist. She was referred to another neurosurgeon, Dr. Robert Schwendimen, Dr. Brown's partner, for repeat nerve conduction studies. Once again, the EMG was normal. The nerve conduction velocity studies showed normal motor latency and, as in 1982, a somewhat prolonged distal latency in the right medium nerve. In fact, Dr. James Hill, AT & T's expert who testified at trial, stated in his report that Dr. Schwendimen's 1991 tests indicated "improvement with respect to the previous study of 1982."

Later, at the behest of AT & T, Mrs. Coats was referred to Dr. Michael Haynie, an orthopedic surgeon. According to Dr. Haynie, Mrs. Coats' condition was not consistent with carpal tunnel syndrome, but instead suggested she had a ganglion. Not satisfied with Dr. Haynie's diagnosis, Mrs. Coats' husband suggested she see another neurosurgeon, Dr. W.S. Bundrick. Dr. Bundrick's report corroborated Dr. Haynie's opinion that Mrs. Coats appeared to have a ganglion, but also stated that Mrs. Coats had "an element of carpal tunnel syndrome" and that he was referring her to Dr. Jorge Martinez, another neurosurgeon, for further tests. Dr. Martinez indicated in his report that from a neurological point of view, Mrs. Coats did not have any evidence of carpal tunnel syndrome.

After her layoff on April 19, 1991, Mrs. Coats began receiving layoff benefits under *1245 the collective bargaining agreement between AT & T and the workers' union. When those benefits terminated in January of 1992, Mrs. Coats filed the present suit.[2] Out of an abundance of caution, AT & T began paying Mrs. Coats worker's compensation benefits after the termination of her layoff benefits.[3]

At the completion of trial, the Worker's Compensation Hearing Officer awarded Mrs. Coats Temporary Total Disability Benefits ("TTDB") from April 20, 1991 through January 5, 1992, the time period Mrs. Coats was being paid layoff benefits. The hearing officer also ordered AT & T to provide Mrs. Coats with 26 weeks of vocational rehabilitation and additional TTDBs for this period. Finally, after determining that AT & T was arbitrary, capricious, and without probable cause in its refusal to pay benefits, the hearing officer awarded Mrs. Coats penalties and attorney fees in the amount of $9,075.00 and cast AT & T with all legal interest and costs. The Second Circuit Court of Appeal reversed, holding that Mrs. Coats did not prove she suffered an accident. Furthermore, the court of appeal determined that Mrs. Coats failed to alleged occupational disease as a basis of recovery. We granted Mrs. Coats' writ to review this ruling.

DISCUSSION

It is well settled that Louisiana courts should interpret worker's compensation laws liberally in order to afford coverage. Harold v. La Belle Maison Apartments, 94-0889 (La. 10/17/94), 643 So.2d 752; Allen v. City of Shreveport, 93-2928 (La. 5/23/94), 637 So.2d 123. However, despite such liberal construction, the worker's burden of proving personal injury by accident is not relaxed and must be shown by a preponderance of the evidence. LSA-R.S. 23:1031; Nelson v. Roadway Express, Inc., 588 So.2d 350 (La.1991).

Accident is defined in LSA-R.S. 23:1021(1) as:

[A]n unexpected or unforeseen actual, identifiable, precipitous event happening suddenly or violently, with or without human fault, and directly producing at the time objective findings of an injury which is more than simply a gradual deterioration or progressive degeneration.

The court of appeal found that the hearing officer was manifestly erroneous in determining that Mrs. Coats had suffered an accident. Mrs. Coats contends that the court of appeal erred by substituting its judgment for that of the hearing officer.

The only evidence offered at trial to prove the existence of an accident was Mrs. Coats' testimony. As this Court stated in Bruno v. Harbert International, Inc., 593 So.2d 357 (La.1992), a worker's testimony alone may be sufficient to discharge his burden of proving that an accident occurred, provided two elements are satisfied: (1) no other evidence discredits or casts serious doubt upon the worker's version of the incident; and (2) the worker's testimony is corroborated by the circumstances following the alleged incident. Therefore, if the worker testifies that she suffered an accident, a court must then look to see if the Bruno elements are satisfied.

Here, Mrs. Coats failed to testify as to the occurrence of a precipitous event. The entirety of her testimony leads to the conclusion that the alleged "accident" she suffered was simply a continuation of discomfort in her right wrist she had been having for many years. Her testimony reads as follows:

Q. You reported to AT & T's medical department on March 8th, 1991, complaining of problems with your hands?
*1246 A. Yes, that I was still being bothered with.
Q. When you say that you were still being bothered with it, it would be a fair statement, wouldn't it, to say that the problems you had had since 1982 had continued to bother you all the way up till [sic] 1991 when you were laid off?
A. Yes.
* * * * * *
Q. Was there any event that happened to you in March of 1991 that made the problems in your wrist worse at that particular time?
A. No, because they never stopped. It would always swell. I'm right handed and I have to use my right hand.
Q. Okay. So the problems that you had in 1991 were essentially the same type of problems you had had from '82 forward?
A. Yes.

As Mrs.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Floyd Safford v. New Orleans Fire Department
Louisiana Court of Appeal, 2024
Duane G. Tower v. Conocophillips Company
Louisiana Court of Appeal, 2019
Lyle v. Brock Servs., LLC
252 So. 3d 1010 (Louisiana Court of Appeal, 2018)
Carter v. Iberia Parish Sch. Bd.
258 So. 3d 740 (Louisiana Court of Appeal, 2017)
Laura Carter v. Iberia Parish School Board
Louisiana Court of Appeal, 2017
Sanchez v. AIG Insurance & Memco, Inc.
230 So. 3d 271 (Louisiana Court of Appeal, 2017)
Frazier v. Covenant Services Worldwide
228 So. 3d 1275 (Louisiana Court of Appeal, 2017)
Allen v. Graphic Packaging International, Inc.
211 So. 3d 1219 (Louisiana Court of Appeal, 2017)
Allensworth v. Grand Isle Shipyard, Inc.
178 So. 3d 191 (Louisiana Court of Appeal, 2015)
Dillard's, Inc. v. Nichols
171 So. 3d 307 (Louisiana Court of Appeal, 2015)
Mulder v. Jefferson Parish Hospital Service District 2
169 So. 3d 606 (Louisiana Court of Appeal, 2015)
Thomas v. Bridges
144 So. 3d 1001 (Supreme Court of Louisiana, 2014)
Randall v. Xceptional Flooring, Inc.
129 So. 3d 882 (Louisiana Court of Appeal, 2013)
Lopez v. Marques Food Distributors
110 So. 3d 1132 (Louisiana Court of Appeal, 2013)
Ruiz v. City of New Orleans
109 So. 3d 52 (Louisiana Court of Appeal, 2013)
Redmann v. Martin's Wine Cellar
51 So. 3d 41 (Louisiana Court of Appeal, 2010)
Leger v. Calcasieu Parish School Board
34 So. 3d 1042 (Louisiana Court of Appeal, 2010)
Barbara Leger v. Calcasieu Parish School Board
Louisiana Court of Appeal, 2010
Williams v. TEMPLE INLAND, INC.
30 So. 3d 760 (Louisiana Court of Appeal, 2009)

Cite This Page — Counsel Stack

Bluebook (online)
681 So. 2d 1243, 1996 WL 625640, Counsel Stack Legal Research, https://law.counselstack.com/opinion/coats-v-american-tel-tel-co-la-1996.