Fortner v. GUIDE CORP.

27 So. 3d 1035, 2009 La. App. LEXIS 2133, 2009 WL 4827182
CourtLouisiana Court of Appeal
DecidedDecember 16, 2009
Docket44,849-WCA
StatusPublished
Cited by2 cases

This text of 27 So. 3d 1035 (Fortner v. GUIDE 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
Fortner v. GUIDE CORP., 27 So. 3d 1035, 2009 La. App. LEXIS 2133, 2009 WL 4827182 (La. Ct. App. 2009).

Opinion

DREW, J.

|) Carolyn Fortner appeals a judgment dismissing her workers’ compensation claim in which she alleged that she suffered an occupational disease while employed at Guide Corporation’s plant in *1037 Monroe, where she worked until the plant closed in December of 2006.

We affirm.

FACTS

Fortner began working at the Guide plant in April of 2000 as a machine operator whose job was to assemble automobile headlamps. In the plant area where she initially worked, the Fast Assembly Area, there were seven different stations on the line, and she had to change stations each hour. In her last two years working at the plant, Fortner primarily worked as an inspector looking for defects in the finished products.

In January of 2004, Fortner and other employees were shifted to different areas of the plant. She began working in the sonic weld area, where she had to pull molds off the line and break them apart. She asserted that after she moved to this area, she became nauseated, was short of breath, and began coughing often. 1

2004 Medical History

On January 9, Fortner went to the on-site Guide Medical Department (“Department”) with complaints of chest tightness, which she reported that she experienced when her blood pressure was elevated. Fortner, who has hypertension, wanted her blood pressure checked. Fortner told the attending nurse that she thought her condition might be caused by having |2been moved to a new area of the plant. Fortner went to Glenwood Regional Medical Center (“Glenwood”), where a single chest x-ray was negative.

Dr. Alyce Adams, whose specialties are internal medicine and cardiology, was Fortner’s regular physician. 2 Fortner told Dr. Adams that she had recurrent asthma with exacerbations while at work. When Dr. Adams examined Fortner on January 21, her chief complaint was chest tightness.

Fortner told Dr. Adams on February 4 that she had been coughing all day and night and was having nasal congestion. When Fortner met with Dr. Adams on February 11, she told Dr. Adams that she had been coughing since breathing a chemical at work one month earlier. Dr. Adams again treated Fortner for her persistent cough two days later.

Fortner went to the Department on February 17 with complaints of coughing and nausea from inhalation of fumes. She was brought to the emergency room at Glenwood, where she reported that she had been experiencing intermittent shortness of breath since being exposed to a chemical at work one month earlier.

Dr. Adams treated Fortner the following day for wheezing, and her assessment was new onset asthma. Fortner came to Dr. Adams with more complaints of wheezing and persistent cough on February 20. Because Dr. Adams thought the asthma might have been caused by an allergy to something with which she came into contact, Dr. Adams referred Fortner to Dr. Benjamin Oyefara, an allergist, and to Dr. Scott Irby, whose specialty |swas pulmonary medicine. Once Dr. Adams referred Fortner, she mostly left it up to the other doctors to treat Fortner’s asthma.

Dr. Irby first treated Fortner on February 25. Fortner told Dr. Irby that Guide had moved her to a different room where she was exposed to harsh chemicals that caused her to cough, and that she would *1038 not stop coughing until 5-10 minutes after she left the plant. Fortner denied a history of asthma. A pulmonary function test was normal. At the time, Dr. Irby doubted that Fortner had occupational asthma. He thought her cough may be related to acid reflux, or medication that she was taking for hypertension, or could be psychogenic.

On February 27, Fortner told Dr. Adams that her cough had gotten somewhat better. Dr. Adams noted that one possible cause of the cough, Fortner’s hypertension medicine, had been discontinued.

Fortner went to the Department on March 4 with concerns about her breathing. An ambulance transported her to the emergency room. Dr. Irby’s office performed a pulmonary function test the next day. Dr. Irby examined Fortner on March 8. She told him that she had returned to work on the prior Monday, but had an asthmatic attack on Thursday. Fortner thought that she might be over the attack, but she was unsure. She described her asthmatic episodes as consisting of only coughing and wheezing, and said the episodes did not scare her. Dr. Irby’s impression was that it was difficult to say whether or not there was a problem. He thought Fortner should see an occupational physician, Dr. Katherine Rathbun, and should avoid her workplace until cleared by Dr. Rathbun.

|4On March 19, Dr. Adams treated Fort-ner, whose chief complaint was intermittent symptoms of coughing and asthma.

Fortner was first examined by Dr. Rath-bun on March 31. She told Dr. Rathbun that she had no history of asthma, she worked in a chemical plant, and had suffered 14 severe asthma attacks in the plant in three months that were triggered by specific chemicals in one area, namely UV acrylic adhesive, n-butyl acetate, and iso-propanol. Two x-rays of the chest taken on April 5 did not show any active disease.

Dr. Rathbun next examined Fortner on April 12. Fortner told her that she had not been back to work since her last visit, and had not had an asthma attack since leaving work. Dr. Rathbun’s assessment was that Fortner had asthma from sensitization to “specific chemicals.” It was recommended that she be restricted from working in areas of the plant where there was any possibility of exposure to acrylic adhesive. Following this visit, Dr. Rath-bun completed a return to work certificate on which she wrote that Fortner was permanently restricted from exposure at any level to UV acrylic adhesive as she was sensitized.

On April 19, Dr. Irby treated Fortner. Dr. Irby learned that Dr. Rathbun thought Fortner was allergic to UV acrylic adhesive and was never to be exposed to it again. Fortner told Dr. Irby that she had been exposed to the adhesive only after being moved to another department, but was now breathing fine. His impression was asthma secondary to allergy to UV acrylic adhesive, which she was to avoid at the plant in the future.

| Jn May, Dr. Rathbun explained to Fortner over the phone that she was not disabled and could return to work immediately, but could not be exposed to the chemical to which she was sensitized as it could kill her.

The Department’s records reflect an entry on June 2 stating that it had been provided with a doctor’s authorization for Fortner to return to work with the restriction that she not work in or around n-butyl acetate fumes.

On June 3, Fortner informed the Department that a fan was blowing fumes off a lamp on which she was working, causing her to have difficulty breathing. Fortner *1039 was sent to the hospital. Later that month, Fortner again complained to the Department about breathing difficulties.

Dr. Rathbun’s conclusions about Fort-ner’s condition changed dramatically in June. The doctor’s notes from June 21 reflect that she had spoken with the plant’s safety director, who told Dr.

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Bluebook (online)
27 So. 3d 1035, 2009 La. App. LEXIS 2133, 2009 WL 4827182, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fortner-v-guide-corp-lactapp-2009.