Harris v. Coushatta Indus. Sand, Inc.

741 So. 2d 143, 1999 La. App. LEXIS 1881, 1999 WL 395389
CourtLouisiana Court of Appeal
DecidedJune 16, 1999
Docket31,977-WCA
StatusPublished
Cited by20 cases

This text of 741 So. 2d 143 (Harris v. Coushatta Indus. Sand, 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
Harris v. Coushatta Indus. Sand, Inc., 741 So. 2d 143, 1999 La. App. LEXIS 1881, 1999 WL 395389 (La. Ct. App. 1999).

Opinion

741 So.2d 143 (1999)

Gene H. HARRIS, Plaintiff-Appellant,
v.
COUSHATTA INDUSTRIAL SAND, INC., Defendant-Appellee.

No. 31,977-WCA.

Court of Appeal of Louisiana, Second Circuit.

June 16, 1999.

*145 Charles W. Seaman, Natchitoches, Counsel for Appellant.

Patricia L. Barfield, Baton Rouge, Counsel for Appellee.

Before STEWART, GASKINS and KOSTELKA, JJ.

STEWART, J.

The hearing officer for the Office of Worker's Compensation ("OWC") denied Gene Harris' ("Harris") claim for benefits upon finding that he failed to prove a causal connection between his current health problems and his 1994 work-related heart attack. Harris now appeals this ruling. We affirm.

FACTS

On August 20, 1994, Harris suffered a heart attack while in the course and scope of his employment with Coushatta Industrial Sand, Inc., ("Coushatta"). Harris has not returned to work since his 1994 heart attack. Coushatta refused to pay worker's compensation benefits as it believed Harris' condition was not work-related. Harris had previously suffered a heart attack on April 17, 1993, while working for another employer.

In November 1994, Harris filed a claim for benefits with the OWC. The hearing officer determined that Harris' heart attack was work-related and awarded temporary total disability benefits for the six weeks following the August 1994 heart attack. The ruling reserved Harris' right to seek additional benefits at a later date. On March 10, 1997, Harris filed a second claim for benefits with the OWC. The hearing on Harris' claim was held on April 21, 1998. At issue was whether Harris' 1994 heart attack caused him to be disabled beyond the six weeks following the heart attack. Three witnesses testified at the hearing.

Harris, who was 57 years old at the time of the hearing, testified that after his 1993 heart attack he drove an 18-wheeler for Charles Shaw Timber Company, where he remained employed for about one year, and then went to work for Coushatta as a dump truck driver. Harris stated that he did not have any trouble working full-time prior to the 1994 heart attack. Since the 1994 heart attack, he has been unable to work due to chest pains and shortness of breath. Harris testified that he is no longer able to drive an 18-wheeler, that he can do very little work around his house, that he can only walk about a block before becoming short of breath, and that he cannot sit for any length of time without having to stand to alleviate the chest pains. Harris also stated that the shortness of breath interrupts his sleep at night and that he has chest pains almost every day. Harris explained that his medication affects his ability to concentrate. He admitted that he quit taking his blood pressure medication at one time; however, he explained that he quit because he could not afford the medication. The parties stipulated that Harris' wife and daughter would testify in conformity with him regarding his complaints of pain and the limitations on his activities.

Dr. Zanam Gahli, a cardiologist at LSU Medical Center and Harris' treating physician, testified on Harris' behalf. Dr. Gahli began treating Harris in 1994 and did not have records on Harris' medical condition prior to 1994. At the time of the hearing, Dr. Gahli had last seen Harris in January 1998, at which time Harris was physically limited by fatigue and suffered intermittent angina pains. Dr. Gahli's diagnosis of Harris included hypertension, coronary artery disease, heart failure, hypercholesterolemia, asthma, and obesity. Dr. Gahli explained that one part of Harris' heart is impaired by ischemia, meaning that it is not getting enough blood, and one part is non-functioning, resulting in weakness of the heart muscle and reduction in the amount of blood pumped. Dr. Gahli referred to a heart catheter from June 1997 which showed Harris' left ventricular function to be 30% (severely reduced) and to *146 an April 1997 stress test which showed that part of Harris' heart was not getting enough blood.[1]

Dr. Gahli opined that Harris is disabled and has been since 1994. Dr. Gahli testified that Harris' 1994 heart attack was a contributing factor to his current disability, but not the sole factor. However, Dr. Gahli was unable to quantitate the extent to which the 1994 heart attack factored into Harris' current disability. Dr. Gahli explained that the 1994 heart attack severely impaired the systolic, or squeezing, function of Harris' heart, particularly the left ventricular function. Dr. Gahli did not relate impairments in other parts of Harris' heart to the 1994 heart attack. Dr. Gahli stated that there has been no significant improvement in Harris' heart function since 1994. Although he did not have records prior to 1994, Dr. Gahli expressed the opinion that Harris' coronary disease predates the 1994 heart attack and explained that coronary disease is related to impairments in pumping. Dr. Gahli further stated that Harris would probably be less disabled if he exercised more, but his condition limits his ability to exercise. Dr. Gahli believed that Harris could do work that does not involve exertion, such as a desk job.

Dr. Clementor Eiswirth, a cardiologist with special training in the fields of congestive heart failure and cardiac transplantation, testified on behalf of Coushatta. Although Dr. Eiswirth did not examine Harris or discuss Harris' condition with Dr. Gahli, Dr. Eiswirth did review many of Harris' medical records from 1985 through June 1997. Dr. Eiswirth did not believe he would receive any benefit from examining Harris since the medical records were fairly complete.

Dr. Eiswirth testified that the chest pains experienced by Harris in August 1994 were not a "through and through" heart attack, but that the pains were a milder form of heart attack. He described Harris' 1993 heart attack, which occurred in the same area as the 1994 heart attack, as a "through and through" heart attack that was moderate to large. Dr. Eiswirth stated that Harris suffers from cardiomyopathy (weakness of the heart muscle), hypertension, coronary artery disease, congestive heart failure, and high cholesterol. Dr. Eiswirth opined that Harris' cardiomyopathy is due to uncontrolled hypertension and noted that Harris' hypertension has been documented since 1990. Dr. Eiswirth also related Harris' current problems to possible noncompliance with his medication and recommended treatments, such as exercise and weight loss.

Dr. Eiswirth insisted that any current disability is not related to the 1994 heart attack. Dr. Eiswirth did not believe that the 1994 heart attack had any effect on Harris' heart because Harris' heart function was the same when he left the hospital as when he entered. Dr. Eiswirth stated that a May 1995 echocardiogram indicated normal left ventricular function and that a June 1997 angiogram indicated normal heart function, except for a mild left ventricular dysfunction which left the overall heart function only mildly reduced. According to Dr. Eiswirth, the angiogram disproved the problems indicated by the stress test referred to by Dr. Gahli. Dr. Eiswirth also stated that the normal function indicated by the June 1997 angiogram probably meant that Harris had no disability at that time. Dr. Eiswirth did not give an opinion on Harris' present degree of disability, stating that he had no records of objective or functional data from which such a determination could be made.

After listening to the testimony, the hearing officer denied Harris' claim for *147

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741 So. 2d 143, 1999 La. App. LEXIS 1881, 1999 WL 395389, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harris-v-coushatta-indus-sand-inc-lactapp-1999.