Doyle v. City of New Orleans Police Department

46 So. 3d 197, 2009 La.App. 4 Cir. 1683, 2010 La. App. LEXIS 1162, 2010 WL 3168230
CourtLouisiana Court of Appeal
DecidedAugust 10, 2010
DocketNo. 2009-CA-1683
StatusPublished

This text of 46 So. 3d 197 (Doyle v. City of New Orleans Police Department) 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
Doyle v. City of New Orleans Police Department, 46 So. 3d 197, 2009 La.App. 4 Cir. 1683, 2010 La. App. LEXIS 1162, 2010 WL 3168230 (La. Ct. App. 2010).

Opinion

MICHAEL E. KIRBY, Judge.

1 TThis appeal involves the dismissal of a claim for death benefits under the Louisiana Workers’ Compensation Law. The plaintiffs in this case are Christopher Doyle, Jr. and Jeanne Labat, the parents of deceased New Orleans Police Officer Christopher Doyle, III. For reasons that follow, we affirm.

On November 19, 2005, Officer Doyle died after undergoing surgery to repair a perforated bowel. Officer Doyle’s parents filed a claim for workers’ compensation death benefits, alleging that Officer [198]*198Doyle’s death resulted from damage or injury to internal organs caused by work-related activity during the aftermath of Hurricane Katrina. The City of New Orleans, Officer Doyle’s employer at the time of his death, denied plaintiffs’ allegation that Officer Doyle’s death was in any way related to his employment with the New Orleans Police Department (“NOPD”).

The following facts are not in dispute. In 1998, Officer Doyle was diagnosed with ulcerative colitis. In February 2004, he underwent surgery that included the removal of his colon. He returned to work following this surgery, and |2performed his duties as a street officer without incident until Hurricane Katrina struck on August 29, 2005. Officer Doyle remained on the job during the aftermath of Katrina. On November 18, 2005, he went to East Jefferson Hospital emergency room with a high fever. He underwent surgery that day for a perforated bowel and died on November 19, 2005. His death certificate lists the cause of death as peritonitis resulting from the repair of a bowel perforation.

After this case was submitted on exhibits only, the workers’ compensation judge rendered judgment dismissing plaintiffs’ claim, finding that they are not entitled to death benefits pursuant to La. R.S. 23:1231. In reasons for judgment, the judge stated that none of the physicians who treated Officer Doyle could causally connect his perforated colon and resulting death with his job or work duties. The judge found that the plaintiffs failed to carry their burden of establishing a causal connection between an employment accident and resulting death by a reasonable preponderance of the evidence as required under the Louisiana Workers’ Compensation Act. Finding that the evidence presented on the issue of a work-related event causing Officer’s Doyle’s death was at best speculative and riddled with conjecture, the judge dismissed plaintiffs’ claim for workers’ compensation death benefits.

Plaintiffs appealed, arguing that the workers’ compensation judge erred in denying their claim for death benefits and in refusing to admit into evidence a videotape of a television report on the memorial honoring Officer Doyle. Plaintiffs argue that the lower court committed legal error in failing to consider the totality of |sthe evidence in denying death benefits and in failing to give plaintiffs the benefit of the presumption afforded claimants when employees who are otherwise healthy suffer injury by accident and later die under circumstances that would indicate a reasonable possibility of a causal connection between the accident and the death. They further argue that the evidence presented was sufficient to establish a causal connection between Officer Doyle’s work-related duties and his death.

La. R.S. 23:1231 provides:

A. For injury causing death within two years after the last treatment resulting from the accident, there shall be paid to the legal dependent of the employee, actually and wholly dependent upon his earnings for support at the time of the accident and death, a weekly sum as provided in this Subpart.
B. (1) If the employee leaves legal dependents only partially actually dependent upon his earnings for support at the time of the accident and death, the weekly compensation to be paid shall be equal to the same proportion of the weekly payments for the benefit of persons wholly dependent as the amount contributed by the employee to such partial dependents in the year prior to his death bears to the earnings of the deceased at the time of the accident.
(2) However, if the employee leaves no legal dependents entitled to benefits un[199]*199der any state or federal compensation system, the sum of seventy-five thousand dollars shall be paid to each surviving parent of the deceased employee, in a lump sum, which shall constitute the sole and exclusive compensation in such cases.

14A claimant’s burden of proof in a workers’ compensation death benefits case was set forth in McKelvey v. City of Dequincy, 07-604, pp. 4-5 (La.App. 3 Cir. 11/14/07), 970 So.2d 682, 686, as follows:

The plaintiff in a death benefits case bears the burden of proving, by a reasonable preponderance of the evidence, that a causal relationship exists between the employment accident and death. Hammond v. Fidelity & Cos. Co. of New York, 419 So.2d 829, 831 (La.1982). It is not necessary for the plaintiff to establish the exact cause of the disability or, in this case, the death, but it is necessary for the plaintiff to “demonstrate by a preponderance of proof that the accident [that was] sustained has [a] causal relationship with [the] disability.” Quinones v. U.S. Fidelity and Guar. Co., 93-1648 (La.1/14/94), 630 So.2d 1303, citing Russell v. Employers Mutual Liability Insurance Co. of Wisconsin, 246 La. 1012, 169 So.2d 82, 88 (La.1964).

Based on our review of the record, including the written reasons for judgment, we find no merit in plaintiffs’ argument that the workers’ compensation judge committed legal error in her determination of plaintiffs’ entitlement to death benefits. The judge clearly considered the totality of the evidence presented in rendering judgment. Because we find no legal error in this case, a de novo review is not required. “Factual findings in workers’ compensation cases are subject to the manifest error or clearly wrong standard of appellate review.” Banks v. Industrial Roofing & Sheet Metal Works, Inc., 96-2840, p. 7 (La.7/1/97), 696 So.2d 551, 556, (citing Smith v. La. Dept. of Corrections, 93-1305, p. 4, (La.2/28/94), 633 So.2d 129, 132; Freeman v. Poulan/Weed Eater, 93-1530, pp. 4-5, (La.1/14/94), 630 So.2d 733, 737-38.).

la As stated above, this disputed claim for death benefits was submitted to the workers’ compensation judge on the written record only, without testimony of the witnesses. The record includes the deposition testimony of four physicians who treated Officer Doyle for his medical condition at various times. Also included in the record are letters submitted by these same four physicians in support of the NOPD’s request to add Officer Doyle’s name to the National Law Enforcement Officers Memorial.

We find no error in the decision of the workers’ compensation judge to deny plaintiffs’ claim for workers’ compensation death benefits. Even assuming arguendo that the aftermath of Hurricane Katrina constitutes an “accident,” the record supports the judge’s finding that plaintiffs did not carry their burden of establishing a causal connection between Officer Doyle’s work activities in the weeks following Hurricane Katrina and his death from peritonitis following surgery to repair a bowel perforation on November 18, 2005.

Several months after Officer Doyle’s death, the NOPD sought to have Officer Doyle’s name added to the National Law Enforcement Memorial in Washington, D.C.

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Related

Quinones v. US Fidelity and Guaranty Co.
630 So. 2d 1303 (Supreme Court of Louisiana, 1994)
Freeman v. Poulan/Weed Eater
630 So. 2d 733 (Supreme Court of Louisiana, 1994)
Russell v. Employers Mutual Liability Ins. Co. of Wis.
169 So. 2d 82 (Supreme Court of Louisiana, 1964)
McKelvey v. City of Dequincy
970 So. 2d 682 (Louisiana Court of Appeal, 2007)
Banks v. Indus. Roofing & Sheet Metal
696 So. 2d 551 (Supreme Court of Louisiana, 1997)
Smith v. Louisiana Dept. of Corrections
633 So. 2d 129 (Supreme Court of Louisiana, 1994)
Hammond v. Fidelity & Cas. Co. of New York
419 So. 2d 829 (Supreme Court of Louisiana, 1982)

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Bluebook (online)
46 So. 3d 197, 2009 La.App. 4 Cir. 1683, 2010 La. App. LEXIS 1162, 2010 WL 3168230, Counsel Stack Legal Research, https://law.counselstack.com/opinion/doyle-v-city-of-new-orleans-police-department-lactapp-2010.