Franklin v. Slidell Police Department

112 So. 3d 257, 2012 La.App. 1 Cir. 0539, 2012 WL 6758019, 2012 La. App. LEXIS 1754
CourtLouisiana Court of Appeal
DecidedDecember 31, 2012
DocketNo. 2012 CA 0539
StatusPublished
Cited by2 cases

This text of 112 So. 3d 257 (Franklin v. Slidell 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
Franklin v. Slidell Police Department, 112 So. 3d 257, 2012 La.App. 1 Cir. 0539, 2012 WL 6758019, 2012 La. App. LEXIS 1754 (La. Ct. App. 2012).

Opinions

PARRO, J.

li>Troy R. Franklin, an employee of the Slidell Police Department, appeals a judgment dismissing his workers’ compensation claims of mental injury caused by mental stress. The City of Slidell answered the appeal, seeking reversal of the judge’s finding that Franklin’s supervisor’s death threat was an event of “sudden, unexpected, and extraordinary stress” related to his employment. For the following reasons, we affirm the judgment and dismiss the answer to the appeal.

BACKGROUND

Franklin has been employed by the Sli-dell Police Department (the Department) since 1991. On September 3, 2009, he filed a disputed claim for compensation, alleging post-traumatic stress caused by a workplace incident with his supervisor. Franklin stated in his claim that on the morning of September 5, 2008, Captain Robert Jacobs had threatened to kill him, Jacobs walked into the booking room where Franklin was typing a report and said, in front of several other employees, that he was feeling suicidal and was ready to take some other folks with him. Speaking directly to Franklin, Jacobs said he would be first on the list. Franklin alleged that as a result of that incident, he has experienced adjustment disorder, depression, anxiety, acute distress disorder, and post-traumatic stress disorder. He claimed he was denied medical benefits and workers’ compensation indemnity payments, and his request for a second opinion from a doctor of his choice was ignored.

The City of Slidell (the City) disputed the claims, noting that Jacobs and Franklin had long-standing personal and professional conflicts that had resulted in one or more verbal altercations between them prior to this incident. The City further argued that Franklin continued to work with Jacobs after this supposedly crucial incident, finally leaving voluntarily and claiming mental disability about nine months after the event.

After a trial on the merits, the workers’ compensation judge (WCJ) entered judgment, finding that Franklin had proved by clear and convincing evidence that the death threat constituted a “sudden, unexpected, and extraordinary stress” related to his |semployment. However, she found that he had not carried his burden of proving by clear and convincing evidence that any mental injury or illness he was experiencing was “a result of’ that single event, noting that, “[t]he evidence presented showed that there was continued harassment by claimant’s supervisor both on and off the job for many months thereafter which could have been the cause of the mental health condition.” Therefore, his claims were dismissed. The judgment [260]*260dismissing his claims was signed on December 2, 2011. Franklin filed this pro se appeal, and the City answered the appeal, seeking reversal of the WCJ’s finding that Franklin had proved by clear and convincing evidence that the death threat constituted a “sudden, unexpected, and extraordinary stress” related to his employment.

APPLICABLE LAW

Standard of Review

In workers’ compensation cases, as in other civil cases, the manifest error or clearly wrong standard governs the appellate court’s review of facts. Bass v. National Maint. Corp., 95-0367 (La.App. 1st Cir.12/15/95), 665 So.2d 782, 783. The Louisiana Supreme Court has posited a two-part test for the appellate review of facts in order to affirm the factual findings of the trier of fact: (1) the appellate court must find from the record that there is a reasonable factual basis for the finding of the trier of fact; and (2) the appellate court must further determine that the record establishes that the finding is not clearly wrong (manifestly erroneous). See Mart v. Hill, 505 So.2d 1120, 1127 (La.1987). Thus, if there is no reasonable factual basis in the record for the trier of fact’s finding, no additional inquiry is necessary to conclude there was manifest error. However, if a reasonable factual basis exists, an appellate court may set aside a factual finding only if, after reviewing the record in its entirety, it determines the factual finding was clearly wrong. See Stobart v. State, through Dep’t of Transp. and Dev., 617 So.2d 880, 882 (La.1993); Moss v. State, 07-1686 (La.App. 1st Cir.8/8/08), 993 So.2d 687, 693, writ denied, 08-2166 (La.11/14/08), 996 So.2d 1092. If the trial court’s findings are reasonable in light of the record reviewed in its entirety, the court of appeal may |4not reverse those findings, even though convinced that, had it been sitting as the trier of fact, it would have weighed the evidence differently. Smegal v. Gettys, 10-0648 (La.App. 1st Cir.10/29/10), 48 So.3d 431, 435-36; see also Guidry v. M-I Drilling Fluids Co., 01-2693 (La.App. 1st Cir.11/8/02), 835 So.2d 830, 831-32.

Mental Injury caused by Mental Stress

In order to receive workers’ compensation benefits for mental injury caused by mental stress related to his employment,1 a claimant must satisfy the requirements of LSA-R.S. 23:1021(8)(b) and (d), which state:

(b) Mental injury caused by mental stress. Mental injury or illness resulting from work-related stress 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 the mental injury was the result of a sudden, unexpected, and extraordinary stress related to the employment and is demonstrated by clear and convincing evidence.
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(d) No mental injury or illness shall be compensable under either Subpara-graph (b) or (c) unless the mental injury or illness is diagnosed by a licensed psychiatrist or psychologist and the diagnosis of the condition meets the criteria as established in the most current issue of the Diagnostic and Statistical Manual of Mental Disorders presented by the American Psychiatric Association.

Under the statute, a mental injury is com-pensable, depending upon the type of stress that triggers the injury. Partin v. Merchants & Farmers Bank, 01-1560 [261]*261(La.3/11/02), 810 So.2d 1118, 1125. The nature of the stress itself is to be evaluated, rather than the stress being evaluated from the employee’s perspective. Id. The legislature intended to restrict recovery under subsection (8)(b) to those mental injuries that result from stresses which, by their nature, are sudden, unexpected, and extraordinary in the usual course of employment in that working environment. Id. The claimant cannot merely show that a mental injury is related to the general conditions of employment or to incidents which have occurred over an extended period of time. Tranchant v. Environmental Monitoring Serv., Inc., 00-1160 (La.App. 5th Cir.12/13/00), 777 So.2d 516, 519.

1 sThe mental injury must be demonstrated by clear and convincing evidence and, to be compensable, must be diagnosed by a licensed psychiatrist or psychologist according to specific enumerated criteria. Dangerfield v. Hunt Forest Products, Inc., 10-1324 (La.App. 1st Cir.3/25/11), 63 So.3d 214, 219. To prove a matter by clear and convincing evidence means a party must demonstrate that the existence of a disputed fact is highly probable, much more probable than its nonexistence. Our Lady of Lake Reg’l Med. Ctr. v. Matthews, 06-1584 (La.App. 1st Cir.9/26/07), 971 So.2d 354, 357.

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Bluebook (online)
112 So. 3d 257, 2012 La.App. 1 Cir. 0539, 2012 WL 6758019, 2012 La. App. LEXIS 1754, Counsel Stack Legal Research, https://law.counselstack.com/opinion/franklin-v-slidell-police-department-lactapp-2012.