Francis v. Gerlach Meat Company, Inc.

319 So. 2d 534
CourtLouisiana Court of Appeal
DecidedSeptember 3, 1975
Docket12681
StatusPublished
Cited by12 cases

This text of 319 So. 2d 534 (Francis v. Gerlach Meat Company, Inc.) 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
Francis v. Gerlach Meat Company, Inc., 319 So. 2d 534 (La. Ct. App. 1975).

Opinion

319 So.2d 534 (1975)

Emily Harrison FRANCIS, Administratrix of Succession and Tutrix of minor
v.
GERLACH MEAT COMPANY, INC.

No. 12681.

Court of Appeal of Louisiana, Second Circuit.

September 3, 1975.
Rehearing Denied October 1, 1975.

*535 Lunn, Irion, Switzer, Johnson & Salley by Richard H. Switzer, Shreveport, for defendant-appellant.

Feist, Schober & Howell by James Fleet Howell, Shreveport, for plaintiff-appellee.

Before PRICE, DENNIS, and MARVIN, JJ.

En Banc. Rehearing Denied October 1, 1975.

MARVIN, Judge.

Defendant-employer appeals from a judgment below awarding workmen's compensation death benefits to a minor child of the deceased employee, Gustavia Davis Scott.

Mrs. Scott operated or attended a meat pattie machine for the appellant. Her principal duties required her to take twoounce patties from a conveyor and to put them in cardboard boxes designed to contain 10 pounds of the patties. When a box was filled she would place the box on a dolly which, when loaded with 40 or 50 boxes, would be pushed by other employees to a walk-in freezer and unloaded. Only occasionally would Mrs. Scott assist other employees in unloading the dolly in the freezer.

Mrs. Scott worked at the machine for eight hours daily, five days weekly, from 7:00 a. m. until 3:30 p. m. with a lunch break. She usually worked one or one and one-half hours after 3:30 p. m. as "overtime" work, cleaning and coating with vegetable oil the parts of the pattie machine which came into contact with the meat. She had been employed by defendant for almost six years.

On May 1, 1972, about 3:30 p. m., Mrs. Scott was found unconscious on the floor near the pattie machine. She was immediately taken to a hospital where she died shortly afterwards despite the efforts of medical doctors attending her. Mrs. Scott, at age 34, had a history of high blood pressure or hypertension. Her blood pressure on admission to the hospital after the rupture was 174/120. The diagnosis before and after autopsy was a ruptured intracranial aneurysm. The autopsy revealed the rupture to have occurred in the wall of the anterior communicating artery which is located at the middle of the base of the skull.

The trial court found the employee sustained a ruptured blood vessel while on the job and while actually performing physical labor for her employer, and that it was the sudden and unexpected rupture of the blood vessel which directly caused her death while she was in the active pursuit of her duties for her employer.

The employer contends that the trial court erred in awarding death benefits because there was no accident within the *536 meaning of the workmen's compensation law.

We are guided by the principles set forth in Ferguson v. HDE, Inc., 270 So.2d 867 (La.1972); in Prim v. Shreveport, 297 So.2d 421 (La.1974); and in Canter v. Koehring Co., 283 So.2d 716 (La.1972).

From Prim, which involved either a blood clot or a rupture of a blood vessel, we learn that the employee has the burden of proving by a preponderance of the evidence that an employment accident occurred and that it had a causal relationship to the disability.

From Ferguson, which involved a blood clot, called there a thrombosis, embolism or stroke, we learn that cardiovascular occurences which happen suddenly to cause death or paralysis come well within the definition of "personal injury by accident" as set forth in R.S. 23:1031. In Ferguson, the court said:

" . . . when the performance of the usual and customary duties of a workman cause or contribute to a physical breakdown, the statutory requirements for an accidental injury are present. Bertrand v. Coal Operators Casualty Company, 253 La. 1115, 221 So.2d 816." 270 So.2d 869.

See also the Third Circuit's observation that Ferguson "specifically held that a stroke was an accident within the meaning of the Workmen's Compensation Act", in Leleux v. Lumbermen's Mutual, 308 So.2d 527, at page 528 (La.App. 3rd Cir. 1975), writ granted 311 So.2d 260 (La.).

The question then becomes not accident, but causal connection between the work-related activities of the employee and the thing (in this case the repture of the aneurysm) that resulted in death or disability. See Malone, Louisiana Workmen's Compensation Law and Practice, sec. 212, at Supp. page 75. Essentially this is a question of fact, the primary determination of which rests with the trial judge.

In this area of factual determination, we learn from Canter:

"When there is evidence before the trier of fact which, upon its reasonable evaluation of credibility, furnishes a reasonable factual basis for the trial court's finding, on review the appellate court should not disturb this factual finding in the absence of manifest error. Stated another way, the reviewing court must give great weight to factual conclusions of the trier of fact; where there is conflict in the testimony, reasonable evaluations of credibility and reasonable inferences of fact should not be disturbed upon review, even though the appellate court may feel that its own evaluations and inferences are as reasonable."

We state the issue this way:

Was there a preponderance of evidence under the circumstances presented to afford a reasonable factual basis for the trial court to conclude and reasonably infer that the death of Mrs. Scott was causally connected to her work related activities on May 1, 1972?

THE MEDICAL TESTIMONY

Two doctors—one a specialist in internal medicine and the other a neurosurgeon—saw and attended the employee in the hospital before death occurred. Other doctors who testified were the pathologist who performed the post-mortem examination to determine the exact place of the ruptured aneurysm, and a radiologist who examined X-rays taken of Mrs. Scott. The internist was called into the case by the neurosurgeon.

The pathologist would not express an opinion and stated he would "rather not answer clinical questions".

*537 The radiologist formerly was a general practitioner before acquiring specialist status in radiology. His opinion was that the rupture of the aneurysm would have occurred irrespective of Mrs. Scott's work. He agreed that it was "possible" that the stress and exertion accompanying physical labor of the type Mrs. Scott was doing was a risk to guard against which "could" have caused the aneurysm to rupture, but it would be "difficult to prove" clinically. He further commented that in his former practice he had a number of ruptured aneurysms and was never able to equate the rupture with the work the patient was doing when it occurred.

The neurosurgeon testified similarly, and stated that he did not make the correlation between activity of the person and the rupture in any case. It was his opinion that the kind of work Mrs. Scott was doing during the hours preceding the rupture was in "no way" connected with the rupture of the aneurysm and that the rupture would have occurred at the time it did, regardless of Mrs. Scott's whereabouts.

Both the neurosurgeon and the radiologist however, admitted that their advice to a person in Mrs. Scott's condition doing the work she was doing, would be to quit work and stay home because the stress and strain of working would increase blood pressure and this would "tend" to make the aneurysm rupture. The trial judge asked questions of the neurosurgeon in this regard:

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Achord v. HE Weise Const. Co.
422 So. 2d 1248 (Louisiana Court of Appeal, 1982)
Beaty v. Thiokol Corp.
414 So. 2d 1292 (Louisiana Court of Appeal, 1982)
Cunningham v. American Mutual Insurance Companies
390 So. 2d 1372 (Louisiana Court of Appeal, 1980)
Fields v. Sperry Rand Corp.
343 So. 2d 339 (Louisiana Court of Appeal, 1977)
Gilbert v. Bituminous Casualty Corp.
344 So. 2d 86 (Louisiana Court of Appeal, 1977)
Todero v. Great Atlantic & Pacific Tea Co.
343 So. 2d 388 (Louisiana Court of Appeal, 1977)
Loyd v. Atlas Construction Co.
341 So. 2d 1245 (Louisiana Court of Appeal, 1976)
Marcotte v. Atlas Construction Co.
340 So. 2d 341 (Louisiana Court of Appeal, 1976)
Dyson v. Gulf Modular Corp.
338 So. 2d 1385 (Supreme Court of Louisiana, 1976)
Crump v. Goodyear Tire & Rubber Co.
325 So. 2d 373 (Louisiana Court of Appeal, 1976)
Francis v. Gerlach Meat Co.
322 So. 2d 776 (Supreme Court of Louisiana, 1975)

Cite This Page — Counsel Stack

Bluebook (online)
319 So. 2d 534, Counsel Stack Legal Research, https://law.counselstack.com/opinion/francis-v-gerlach-meat-company-inc-lactapp-1975.