Estate of St. André v. Frey

685 So. 2d 604, 96 La.App. 3 Cir. 711, 1996 La. App. LEXIS 3030, 1996 WL 724297
CourtLouisiana Court of Appeal
DecidedDecember 18, 1996
DocketNo. 96-711
StatusPublished
Cited by3 cases

This text of 685 So. 2d 604 (Estate of St. André v. Frey) 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
Estate of St. André v. Frey, 685 So. 2d 604, 96 La.App. 3 Cir. 711, 1996 La. App. LEXIS 3030, 1996 WL 724297 (La. Ct. App. 1996).

Opinion

JiDOUCET, Chief Judge.

In this worker’s compensation case claimant, the estate of Clarence St.André, Sr., proceeding in forma pauperis, appeals the decision by a worker’s compensation hearing-officer denying the death benefits sought from the decedent’s former employer, Ralph Frey, and Mr. Frey’s compensation earner, Louisiana Worker’s Compensation Corporation. We affirm the decision of the hearing-officer.

[605]*605FACTS

Decedent, Clarence St.André was employed as a farm hand by Ralph Frey. He had been so employed for about 20 years. At approximately 2:00 P.M. on the afternoon of January 27, 1994, Mr. St.André suffered a myocardial infarction while working-on a tractor, in a shed, with Winston Frey, the son of his employer. Mr. Frey ran to his house, asked his father to call 911, and returned to the shed where he began |2to administer CPR. Acadian Ambulance responded to the call from Ralph Frey and transported Mr. St.André to American Legion Hospital in Crowley. According to hospital records, Mr. St.André ■ was pronounced dead on arrival. His survivors sought worker’s compensation death benefits from defendants. Defendants denied their request, arguing that no benefits were due. Thereafter, a claim was filed with the Office of Worker’s Compensation. At a hearing before a worker’s compensation hearing officer, the hearing officer found that claimant had failed to carry its burden of proof under La.R.S. 23:1021(7)(e) and dismissed its claim. This appeal followed.

LAW AND DISCUSSION

The statute at issue in this case, La. R.S. 23:1021(7)(e), provides as follows:

(e) Heart-related or perivascular injuries. A heart-related or perivascular injury, illness, or death shall not be considered a personal injury by accident arising out of and in the course of employment and is not compensable pursuant to this Chapter unless it is demonstrated by clear and convincing evidence that:
(i) The physical work stress was extraordinary and unusual in comparison to the stress or exertion experienced by the average employee in that occupation, and
(ii) The physical work stress or exertion, and not some other source of stress or preexisting condition, was the predominant and major cause of the heart-related or perivascular injury, illness, or death.

Our brethren of the fourth circuit addressed the application of La.R.S. 23:1021(7)(e) in Votano v. Tulane and Broad Exxon, Inc., 95-1064, pp. 1-6 (La.App. 4 Cir. 11/30/95); 667 So.2d 1117, 1118-1120 writ denied, 96-768 (La.5/3/96); 672 So.2d 687, stating the following:

In 1989, the Louisiana Legislature amended LSA-R.S. 23:1021 of the Worker’s Compensation Law, effective January 1,1990, by adding Subparagraph (7)(e)....
The amended statute was in effect on the date plaintiff suffered his heart attack and, therefore, is the applicable law in the case. This statute makes it more difficult for a claimant to prove that heart-related and perivascular injuries suffered on the job are compensable. The amended ^statute changed the law in three respects. First, it heightened the burden of proof the claimant must show from a preponderance of the evidence to clear and convincing evidence. Second, it changed the standard that the claimant’s physical work stress must be compared to, requiring his or her physical work stress to be extraordinary and unusual when compared to the physical work stress of the average employee in that occupation. Third, it heightened the required causal link between that work stress and the heart injury by requiring the physical work stress to be the predominant and major cause of the heart-related or perivascular injury.
The Louisiana Supreme Court’s most recent interpretation of the 1989 amended statute was in Harold v. La Belle Maison Apartments, 94-0889 (La.10/17/94); 643 So.2d 752. In Harold, the plaintiff filed a worker’s compensation claim against her employer, La Belle Maison Apartments, to recover disability benefits and medical expenses related to a heart attack she suffered while employed as a maintenance worker. At the time of her injury, Harold was doing yard work on the apartment complex grounds when she experienced severe chest and back pains. She stopped working and walked to the apartment building office where she went to the bathroom to wet her face. Upon leaving the bathroom, she encountered her supervisor who instructed her to sit in the air conditioned office for a few minutes. Ten minutes later the supervisor instructed a security guard to bring a work order to Harold. Harold resumed working, fixing a dish[606]*606washer and toilet in one of the units. While working she continued to have chest and stomach pains. After completing the work order she returned to her apartment in the complex where she collapsed. She was taken to the emergency room of a nearby hospital where she was diagnosed with coronary artery disease and later underwent quadruple aortocoronary bypass surgery.
After a trial on the merits, the hearing officer denied compensation and dismissed Harold’s claim, finding that she had failed to meet the burden of proof required of heart attack claimants as provided in the recently amended LSA-R.S. 23:1021(7)(e). Harold appealed the dismissal, and the court of appeal affirmed.
The Supreme Court reversed and remanded the case to the appellate court for a determination of the extent of plaintiffs injury and the amount of compensation due. In interpreting the statute and finding plaintiff had satisfied her burden of proof, the Court stated:
The first prong of the amended statute requires plaintiff to prove by clear and convincing evidence that the physical work stress she experienced was extraordinary and unusual in comparison to the stress or exertion experienced by the average employee in that occupation. La. R.S. 23:1021(7)(e)(i). ‘Extraordinary’ is defined as ‘going beyond what is unusual, regular, or customary.’ Webster’s New Collegiate Dictionary (1977). ‘Unusual’ is defined as ‘not usual’ and ‘uncommon;’ that is, not in accordance with usage, custom, or habit. Id. As is apparent from these ^definitions, the terms ‘extraordinary’ and ‘unusual’ have similar meanings. We hold that these terms require plaintiff to prove that her physical work stress went beyond what was usual, regular or customary in relation to the average employee in that occupation.
* * * * * *
The second prong of the amended statute requires Harold [claimant] to prove by clear and convincing evidence that her physical work stress or exertion, and not some other source of stress or preexisting condition, was the predominant and major cause of her myocardial infarction. La.R.S. 23:1021(7)(e)(ii).
* * * * * *
[W]e hold that La.R.S. 23:1021(7)(e) must not be construed to preclude recovery of worker’s compensation benefits simply because the claimant suffers from previously unknown but undoubtedly existent coronary artery disease. As long as such a claimant meets the heightened burden of proof imposed by the amended statute, he or she can recover.

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Bluebook (online)
685 So. 2d 604, 96 La.App. 3 Cir. 711, 1996 La. App. LEXIS 3030, 1996 WL 724297, Counsel Stack Legal Research, https://law.counselstack.com/opinion/estate-of-st-andre-v-frey-lactapp-1996.