Fife v. Kaiser Aluminum & Chemical Corp.

263 So. 2d 351, 1972 La. App. LEXIS 6308
CourtLouisiana Court of Appeal
DecidedMay 29, 1972
DocketNo. 8865
StatusPublished
Cited by3 cases

This text of 263 So. 2d 351 (Fife v. Kaiser Aluminum & Chemical Corp.) 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
Fife v. Kaiser Aluminum & Chemical Corp., 263 So. 2d 351, 1972 La. App. LEXIS 6308 (La. Ct. App. 1972).

Opinion

BLANCHE, Judge.

Plaintiff, Mrs. Nina Mae Braud Fife, individually, and as natural tutrix of her minor children, Diane Marie Fife and Mary Ann Fife, filed suit to recover workmen’s compensation benefits for the death of her husband, Francis R. Fife, an employee of Kaiser Aluminum and Chemical Corporation for eighteen years. Mr. Fife suffered a coronary occlusion at approximately 7:30 AÍM. on April 10, 1969, shortly after arriving home from his work as a press operator. Although Mr. Fife had already completed his regular shift on April 9, 1969, beginning at 3:00 P.M., he volunteered to work the next shift due to the absence of a regular employee. After this, he secured a ride home with a security guard, arriving at around 6:15 A.M. and died shortly thereafter.

The trial judge took the case under advisement and subsequently rendered judgment in favor of defendant, dismissing plaintiff’s suit. From this judgment, plaintiff has appealed. We affirm.

Plaintiff-appellant’s principal assignment of error on appeal is the finding by the trial judge that there was no causal connection between the death of decedent and his employment. It is the plaintiff’s contention that the activity associated with decedent’s employment, together with an injury which he suffered to his leg while on the job and the extra strain of having worked a double shift immediately prior to his death either caused, contributed to or accelerated decedent’s death.

The decedent was employed by the defendant Kaiser Aluminum at its Baton Rouge plant as a press operator. According to the testimony of one of plaintiff’s witnesses, we observe that it is the duty of a press operator to oversee approximately eight vessels containing certain liquids which are being filtered in the defendant’s plant. When the filtering process has been completed, it is necessary to empty the vessels and clean them and put them back in operation. This is accomplished for the most part by mechanical means. Approximately half the working time of an operator is spent in an air conditioned control room where the men can sit and relax; and the other half is spent outside the control room emptying, washing down and checking the filter presses to ascertain that they are in proper operation. In connection with a press operator’s duty to wash down the presses, it is necessary that he climb a seven or eight foot ladder approximately six to eight times during the shift. We conclude that the work of a press op[353]*353erator is not very strenuous, as it was described by one of plaintiff’s witnesses as. being “easy” to work a double shift. This witness also testified that he had worked three double shifts in a row. The last shift which plaintiff worked, i. e., the 11:00 P.M. to 7:00 A.M. shift, was described by the foreman as being “light.” The decedent’s activities at work were of the nature hereinabove described. The foregoing considered, it is our opinion that the decedent’s work activities prior to his death were nothing more than usual and customary in his employment.

We will next consider decedent’s physical condition just prior to his death. The decedent had a previous history of heart disease, having suffered a heart attack (posterior myocardial infarction) in November of 1967. He was treated by Dr. Richard Selser and approximately three months after his attack he was released to go back to work. The nature of his work activity was restricted by the doctor in that he was instructed to avoid excessive physical exertion, running up and down steps and carrying or lifting excessively heavy loads, climbing ladders and working in excessive heat and cold.

After returning to work, decedent was also medically supervised by Dr. Charles McVea, who was in charge of the defendant’s medical services. Dr. McVea was aware of decedent’s condition and his work restrictions. On September 4, 1968, Dr. McVea allowed Mr. Fife to begin working two hours overtime a day or an extra eight-hour day per week. By October 9, 1968, he testified that decedent was adamant that he be returned to regular duty one year after his heart attack. Additionally, he stated that decedent visited him many times in the dispensary and insisted that he be permitted to work unrestricted overtime. Since decedent had had no trouble since his initial return to work in April, 1968, Dr. McVea finally removed the overtime restriction on February 26, 1969, and gave decedent permission to work one extra eight-hour overtime shift per week with the instruction that he was to avoid heavy lifting and could only climb one laddter flight. Approximately one and a half months later decedent died after working an eight-hour overtime shift.

The injury which plaintiff contends contributed to decedent’s death we find occurred on April 8, 1969, when plaintiff, in an attempt to unstick a valve with an iron pipe, slipped backwards on a catwalk and injured his shins. The extent of decedent’s injury and the date on which it occurred is disputed, plaintiff contending that it occurred on the shift prior to his death. There is no merit to the contention that the accident occurred on April 9, 1969, as the dispensary records clearly show that the accident occurred the day before. Plaintiff’s own witness, Mr. Pitre, a coworker, testified that one leg had a “little gash” on it, a brush burn. After the accident, decedent immediately reported to the dispensary where the plant nurse cleaned his leg and applied a tincture of Merthiolate, an ice pack and a band-aid. Further, because of decedent’s prior history of a heart attack, the nurse checked the decedent’s pulse and blood pressure, both of which turned out to be normal. Additionally, she called the Safety Supervisor, who ascertained that decedent was able to resume his duties. After returning from the dispensary, decedent performed the rest of his work without further complaint. The following day and prior to decedent’s reporting to work, he was required to return to the dispensary where he was again examined by the plant nurse. After ascertaining that decedent had no further complaints and was not in any discomfort, she changed the band-aid and decedent returned to work. He then completed a double shift without further complaint. Decedent’s wife testified that when he returned home that morning her husband was cheerful and in good spirit immediately prior to his death.

[354]*354The determination of plaintiff’s right to death benefits under the workmen’s compensation act is dependent upon the existence of a causal connection between the decedent’s employment activities and his resulting death from a heart attack. Brown v. Kaiser Aluminum and Chemical Corporation, 250 So.2d 99 (La. App. 4th Cir. 1971).

Our courts have had frequent opportunity to review death benefit claims resulting from a heart attack under the workmen’s compensation law. The law relative thereto is contained in the following quotes from cases dealing with the subject. In Prater v. Liberty Mutual Insurance Company, 182 So.2d 805 (La.App. 3rd Cir. 1966), it is noted:

“Our jurisprudence is now established that, in cases of this type, plaintiff bears the burden of proving by a preponderance of the evidence, as in any other civil case, that there is a causal connection between the employment activity and death or disability resulting from a heart condition. Nickelberry v. Ritchie Grocer Co., 196 La. 1011, 200 So. 330; Fontenot v. Camden Fire Insurance Association, 124 So.2d 640 (La.App. 3rd Cir. 1960); Seals v. Potlatch Forests, Inc., 151 So.2d 587 (La.App. 3rd Cir. 1963). In the recent case of Guillory v. New Amsterdam Casualty Company, 244 La.

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263 So. 2d 351, 1972 La. App. LEXIS 6308, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fife-v-kaiser-aluminum-chemical-corp-lactapp-1972.