Crotwell v. Holloway Sportswear

740 So. 2d 748, 1999 La. App. LEXIS 1882, 1999 WL 396011
CourtLouisiana Court of Appeal
DecidedJune 16, 1999
Docket32,038-WCA
StatusPublished
Cited by5 cases

This text of 740 So. 2d 748 (Crotwell v. Holloway Sportswear) 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
Crotwell v. Holloway Sportswear, 740 So. 2d 748, 1999 La. App. LEXIS 1882, 1999 WL 396011 (La. Ct. App. 1999).

Opinion

740 So.2d 748 (1999)

Sheryl CROTWELL, Plaintiff-Appellee,
v.
HOLLOWAY SPORTSWEAR, Defendant-Appellant.

No. 32,038-WCA.

Court of Appeal of Louisiana, Second Circuit.

June 16, 1999.

*749 Hurlburt, Privat & Monrose by Shannon E. Seiler, Lafayette, Counsel for Appellant.

Susan Ford Fiser, Alexandria, Counsel for Appellee.

Before STEWART, GASKINS and KOSTELKA, JJ.

GASKINS, Judge.

The defendant, Holloway Sportswear, Inc., appeals from a determination by a workers' compensation judge that the plaintiff, Sheryl Crotwell, suffered an occupational disease as a result of her work for the defendant and that she was entitled to temporary total disability benefits, supplemental earnings benefits, medical benefits, and penalties and attorney fees. For the following reasons, we reverse the trial court judgment.

FACTS

The plaintiff began working at Holloway Sportswear (Holloway) in Winn Parish in June 1995. The plaintiff had worked in the cutting department but was transferred to the silk screen department approximately six months before her alleged injury. She operated a machine which printed multicolor designs on clothing. She claimed that on February 19, 1997, *750 while pulling on the silk screen machine to adjust it, she suffered a sudden, severe pain in her right shoulder. The plaintiff saw a doctor recommended by the company, who suggested that she see an orthopedic specialist. The plaintiff claimed that she worked at Holloway until March 7, 1997 when the pain became so severe that she could no longer continue. However it appears that the plaintiff did not formally report the accident to Holloway until March 11, 1997. She did not report a specific accident, but indicated that she had a repetitive shoulder injury.

The plaintiff sought workers' compensation benefits from Holloway, but her claim was denied. According to Holloway, the plaintiff failed to establish that she suffered a work-related accident as defined in the workers' compensation statutes.

The plaintiff filed a disputed claim for compensation on May 7, 1997, alleging that on February 19, 1997, while pulling on a machine in the course of her work she suffered a right shoulder injury, tendinitis, and impingement syndrome. She also alleged that she experienced a serious strain of her shoulder caused by repetitive work.

On September 4, 1997, she filed a supplemental and amending petition in which she alleged that on the date of the accident she felt a sudden and unexpected sharp pain in her right shoulder. She claimed that she had received various diagnoses including rotator cuff tendinitis and tendinitis impingement syndrome. She alleged that this qualified as an accident and stated that she reported the accident to her supervisor, who told her to keep working. She asserted that the defendant was arbitrary and capricious in failing to award her workers' compensation benefits.

The plaintiff later filed a second supplemental and amending petition alleging that, while working manually as a silk screen operator at the defendant's facility, the plaintiff felt a sudden and unexpected pain which resulted in weakness in her right shoulder. She reasserted that she had rotator cuff tendinitis, tendinitis impingement syndrome and also claimed a strain or sprain of the neck with right shoulder pain.

A hearing on the claim was held on March 17, 1998, in Alexandria. Following the hearing, the workers' compensation judge (WCJ) decided in favor of the plaintiff. In oral reasons for judgment, the judge observed that, in spite of the plaintiffs allegations that she suffered an accident, she was consistent in describing pain resulting from repetitive trauma to her shoulder. The judge found there was no accident, but that the plaintiff suffered from an occupational disease and was entitled to treatment from the doctor of her choice.[1] The WCJ found that the plaintiff was entitled to temporary total disability benefits from March 7, 1997, the day she ceased working at Holloway, until December 1, 1997, when she began working as a sitter for an elderly person. The WCJ also found that the plaintiff was entitled to supplemental earnings benefits (SEBs), and specified that the room and board the plaintiff received as partial compensation for her sitter's position was not to be considered in the SEBs calculation until the value of those items was established more clearly.

The WCJ found that Holloway ignored the possibility that the plaintiff had an occupational disease and therefore was arbitrary and capricious in denying benefits. She awarded the plaintiff $2,000.00 in penalties and $5,000.00 in attorney fees. A judgment incorporating these reasons was signed on April 24, 1998. The defendant appealed the judge's decision to this court.[2]

*751 OCCUPATIONAL DISEASE

Holloway argues that the WCJ erred in finding that the plaintiff suffered a compensable occupational disease as a result of her repetitive work duties. In support of this argument, Holloway contends that the question of whether the plaintiff had an occupational disease was not properly before the WCJ as an issue to be litigated at the hearing. According to Holloway, the plaintiff alleged that she suffered an accident, but never alleged any facts sufficient to suggest that occupational disease was an issue properly before the court. Holloway contends that it was "blind sided" by the WCJ's finding that the plaintiff suffered from a compensable occupational disease.

Such an argument was raised in Coats v. American Telephone and Telegraph Company, 95-2670 (La.10/25/96), 681 So.2d 1243. In that case, the supreme court found that La. C.C.P. art. 862 states that a court should grant relief to a party despite the fact that the party did not demand relief in its pleadings. According to that provision, except as provided in La. C.C.P. art.1703, a final judgment shall grant the relief to which the party in whose favor it is rendered is entitled, even if the party has not demanded such relief in his pleadings and the latter contain no prayer for general and equitable relief. The court found that La. C.C.P. art. 862 allows a party to be granted any relief to which he is entitled under the pleadings and evidence as long as facts constituting a claim are sufficiently alleged.

The court in Coats found that failure to plead or brief an occupational disease as an alternative theory of recovery is not determinative of whether or not the issue of occupational disease was properly before the court. In that case, sufficient facts were alleged such that a consideration of occupational disease was properly before the court and therefore, the plaintiff should be granted any relief to which she was entitled under the pleadings and the evidence. Similarly, in the present case, although the plaintiff argued as her main theory of recovery that she suffered a work-related accident, she also stated in one disputed claim form that she had a serious strain of her shoulder caused by repetitive work. We find that, as in Coats, this was sufficient to raise the issue.

Holloway also argues that the plaintiff failed to prove that she suffered an occupational disease. The defendant contends that because the plaintiff was only engaged in silk screen work for six months, rather than twelve months or more, under La. R.S. 23:1031.1(D), it is presumed that she did not have an occupational disease.

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Bluebook (online)
740 So. 2d 748, 1999 La. App. LEXIS 1882, 1999 WL 396011, Counsel Stack Legal Research, https://law.counselstack.com/opinion/crotwell-v-holloway-sportswear-lactapp-1999.