Hankton v. City of New Orleans

821 So. 2d 730, 2002 WL 1365627
CourtLouisiana Court of Appeal
DecidedJune 19, 2002
Docket2001-CA-0714
StatusPublished
Cited by2 cases

This text of 821 So. 2d 730 (Hankton v. City of New Orleans) 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
Hankton v. City of New Orleans, 821 So. 2d 730, 2002 WL 1365627 (La. Ct. App. 2002).

Opinion

821 So.2d 730 (2002)

Bertha HANKTON
v.
CITY OF NEW ORLEANS (Department of Public Works & Parking).

No. 2001-CA-0714.

Court of Appeal of Louisiana, Fourth Circuit.

June 19, 2002.

*731 Joseph G. Albe, Ben E. Clayton, Metairie, LA, Counsel for Plaintiff/Appellee.

Wayne J. Fontana, John M. Daves, Courtenay, Forstall, Hunter & Fontana, Texaco, New Orleans, LA, Counsel for Defendant/Appellant.

(Court composed of Judge CHARLES R. JONES, Judge PATRICIA RIVET MURRAY, Judge MAX N. TOBIAS, JR.).

*732 Judge PATRICIA RIVET MURRAY.

The City of New Orleans appeals suspensively from the decision of the workers' compensation court holding that claimant Bertha Hankton is entitled to receive temporary total disability and medical benefits for a work-related mental injury sustained by her while she was employed by the City in the Department of Public Works and Parking. Ms. Hankton answers the appeal seeking a reversal of those portions of the judgment denying her additional compensation for a work-related physical injury claimed by her, and declining to award her penalties or attorney fees. For the reasons that follow, we reverse the judgment of the workers' compensation court insofar as it finds Ms. Hankton entitled to compensation for mental injury, and affirm the judgment in all other respects.

FACTS

Bertha Hankton began working for the City as a parking ticket writer in 1975. In 1981, she was promoted to Parking Supervisor I, in which position she supervised field personnel who went out and ticketed illegally parked vehicles. In 1996, she was promoted to the classification of Parking Supervisor II. Shortly thereafter, new management in the department changed her job to that of training coordinator, a newly-created position which consisted of training parking ticket writers. After a few months in that position, Ms. Hankton's supervisor suggested she become a complaint officer, which she did. In April 1998, however, Ms. Hankton was transferred to field supervisor in the abandoned vehicles unit. On April 29, she attended a meeting at which each supervisor was given a written memorandum outlining the procedures to be followed in the abandoned vehicles section. About three weeks later, Ms. Hankton attended a follow-up meeting where she expressed discomfort and a lack of understanding as to what was expected of her and asked for guidance. As a result, a Parking Operations Analyst was sent to meet with Ms. Hankton individually and discuss her concerns. On June 30, 1998, another followup meeting was held, at which Ms. Hankton asked how she should handle a specific situation regarding overtime pay for a certain employee, LaShay Johnson, who worked primarily in Ms. Hankton's section but also served as a backup in other sections. Ms. Hankton was instructed to write Ms. Johnson a memo informing her of the procedures she should follow in the future to properly document her overtime. Instead, Ms. Hankton sent Ms. Johnson a memo the same day telling her that she could not be compensated for a prior Saturday that she had worked because she did not have a time card to verify her presence.

On July 15,1998, Ms. Hankton met with Ms. Rhonda Thompson, who was her immediate supervisor, and Ms. Lynn Simon, the Deputy Parking Administrator. During this meeting Ms. Hankton was handed a memorandum dated July 7, 1998, addressed to her from Ms. Simon. The memorandum acknowledged that Ms. Hankton had expressed confusion about her job description, but also noted that, in her meeting with the Parking Operations Analyst, she had not indicated any specific areas in which she needed further clarification of her responsibilities. It further noted that Ms. Hankton was not taking responsibility for the completion of work orders to remove abandoned vehicles. The memorandum concluded, in pertinent part:

Given the caliber of job performance thus far, we have developed serious concern as to your ability to handle this position. Moreover, your memo dated June 30, 1998 to LaShay Johnson (see attached) creates even further cause for *733 concern relative to your supervisory skills and decision making ability.
As a Parking Supervisor II with extensive supervisory experience, it would seem that you would fully realize we cannot refuse to pay someone (as implied by the memo) for work that was performed, especially when they have not been warned in writing of such a possibility if they do not follow procedures....
* * * * *
Given your overall job performance during the past (9) nine weeks, and most especially your lack of sound judgement in the situation concerning Ms. Johnson, I believe discipline is necessary. Therefore, you are being suspended for (1) day, next Thursday, July 16, 1998.

The memorandum also informed Ms. Hankton of her right to appeal the one-day suspension to the Civil Service Commission. Ms. Hankton became very upset at this meeting and was outraged by her suspension. She went on sick leave the day following her suspension. On July 20, she saw Dr. Theresa Adderley, complaining of headaches, chest pains, heart palpitations and elevated blood pressure, which symptoms Ms. Hankton said began right after she learned of her suspension. Ms. Hankton also saw a psychologist, Dr. Yvonne Osborne, in July, who treated her for depression, accompanied by feelings of rage and hostility over the fact that she had been suspended after 23 years on the job without any prior problems. Dr. Osborne opined that Ms. Hankton was too depressed to work. On July 24, 1998, Ms. Hankton applied for medical leave claiming she suffered from work-related stress and was granted leave. She remained on sick leave and then was placed on medical leave without pay in June, 1999. At some point she stopped seeing Dr. Osborne, to whom she had been referred by the City, and began seeing Dr. Kevin Jackson for the treatment of her depression. She also continued to see Dr. Stallworth for back and leg pain. Ms. Hankton had injured her back in two prior automobile accidents while driving City vans, one in 1980 and one in 1990. She claimed this condition worsened and she began having shooting pains down her right leg about one month prior to her suspension, when she had to stretch her leg to reach the pedals of the vehicle the City had assigned to her for her job in the abandoned vehicles section.

Ms. Hankton appealed her suspension to the Civil Service Commission, which rendered a decision on June 9, 1999, upholding the suspension. She also filed the instant claim for worker's compensation. She claimed physical disability due to her leg pain and aggravation of her preexisting back condition, and mental disability due to her depression. In relation to the filing of her claim, Ms. Hankton was seen by three additional doctors at the request of the City: Dr. Mimeles (an orthopedist), Dr. Colomb (a psychiatrist) and Dr. Barber.

Ms. Hankton's claim was tried to the hearing officer on April 27, 2000, and June 16, 2000. Witnesses included Ms. Hankton, Ms. Simon, Mr. Robert Miller (the head administrator of the Parking division) and Ms. Bonin, a claims adjuster for the City's workers' compensation carrier. The deposition testimony of Dr. Colomb was submitted, as were written records and reports of all the other physicians.

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Related

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40 So. 3d 1158 (Louisiana Court of Appeal, 2010)
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973 So. 2d 851 (Louisiana Court of Appeal, 2007)

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Bluebook (online)
821 So. 2d 730, 2002 WL 1365627, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hankton-v-city-of-new-orleans-lactapp-2002.