Hawkins v. Johns-Manville Corp.

418 So. 2d 725, 1982 La. App. LEXIS 7845
CourtLouisiana Court of Appeal
DecidedJuly 30, 1982
DocketNo. 13110
StatusPublished
Cited by1 cases

This text of 418 So. 2d 725 (Hawkins v. Johns-Manville 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
Hawkins v. Johns-Manville Corp., 418 So. 2d 725, 1982 La. App. LEXIS 7845 (La. Ct. App. 1982).

Opinion

AUGUSTINE, Judge.

By this appeal, defendant Johns-Mans-ville Corporation (J-M) seeks to reverse an award of workmen’s compensation benefits in favor of its former employee, Pat Hawkins.1 Plaintiff’s claim arises under La.R.S. 23:1031.1 of the Louisiana Workmen’s Compensation Act, as it existed prior to amendment in 1975. He alleges total and permanent disability as a result of having contracted asbestosis while in the employ of J-M.

The parties, Hawkins and J-M, stipulated that between 1948 and 1966, plaintiff was employed by J-M as a common laborer and that, during that time, J-M manufactured various products from raw asbestos material.

At trial, Mr. Hawkins testified that for many years he worked in that part of the plant which produced asbestos shingles. As he described it, the air was often so dense with asbestos dust that it hung like a fog, requiring workers to wear masks which, theoretically at least, reduced the risk of contracting lung disease. Mr. Hawkins left J-M in 1966 after having worked there for eighteen years. Afterward, he was employed as a common laborer on the river front, then at a chicory factory, and then at a Coca-Cola plant. In 1979, Mr. Hawkins performed light janitorial work for a local restaurant, but had left this job as of the time of trial. In 1980, he began to complain of shortness of breath and sought the advice of Dr. Morton Brown, a specialist in pulmonary diseases. After noting plaintiff’s history and performing several exami[727]*727nations, particularly x-rays, Dr. Brown diagnosed Mr. Hawkins’ condition as asbestosis, a progressive disease which results from scarring of the lungs by exposure to asbestos dust. Because of this scarring, the lungs have less capacity and furnish less oxygen to the victim’s blood.

The x-rays obtained by Dr. Brown were not the first indications of lung disease. Periodically, J-M conducted physical examinations of its employees to determine, among other things, whether exposure to asbestos or silica dust might have affected the workers’ lungs. Plaintiff’s x-rays, taken at yearly intervals between 1948 and 1966 (at the instance of J-M) were interpreted by Dr. Brown as confirming progressive deterioration of the lungs and the presence of asbestosis. Thus, Dr. Brown testified that x-rays taken in 1948 (at the outset of Mr. Hawkins’ employment and before exposure to asbestos) reveal no pulmonary abnormalities. X-rays taken in 1962 and 1964, however, show the first signs of the disease’s progression: there Dr. Brown detected “smudges” which he tentatively interpreted as “infiltrates” or scars on the plaintiff’s lungs. Evidence of lung deterioration was more discernible to Dr. Brown in x-rays taken in 1966, two years later. These indicated more numerous and defined marks or scars in the apices of the plaintiff’s lungs. As of that date, according to Dr. Brown,'the plaintiff’s disease had clearly begun to run its course. He explained that scarring of the lungs continues as the body tries unsuccessfully to “digest” or eliminate asbestos particles which, as he put it, are nothing other than microscopic rock. Dr. Brown analyzed the plaintiff’s most recent x-rays, taken in 1980, and found increased linear nodulations and interstitial fibrosis in both upper lungs — in the doctor’s opinion, the diseased reaction of the body to asbestos dust. In addition, these films indicated bilateral pleural thickening which, according to Dr. Brown, is one of the hallmarks of prolonged exposure to asbestos.

Dr. Brown’s findings were consistent with the independent report of Dr. Don McCormick, a radiologist at Jo Ellen Smith Hospital, who stated that Mr. Hawkins’ x-rays, taken in July 1980, revealed pleural thickening and bilateral interstitial fibrosis.

The plaintiff also submitted the medical reports of Dr. Samuel Logan, who in 1964 had been called upon by defendant J-M to examine employees and to interpret their x-rays with the particular objective to find lung abnormalities caused by exposure to asbestos. That year, Dr. Logan issued a report which classified Mr. Hawkins’ condition as “M-1”, which at trial, was explained by the doctor to mean “peribronchial infiltration or mixed scarring. Mixed could be silica, asbestos, or any of the other numerous kinds of foreign matter that collects in the lungs.” His report went on to remark, “probably asbestosis. Avoid all fumes and dust.”2 Emphasis supplied.

Further corroboration of Dr. Brown’s diagnosis is found in plaintiff’s pulmonary function report from Jo Ellen Smith Hospital, dated July 10, 1980, which states that “the results are consistent with a restrictive, as well as an obstructive defect, most probably as one sees with chronic obstructive lung disease.”

In contradiction to the medical testimony offered by the plaintiff, J-M presented the expert opinion of Dr. Hans Weil, a noted specialist in the field of pulmonary diseases who examined the plaintiff on January 19, 1981. In taking the plaintiff’s history, Dr. Weil recorded that Mr. Hawkins was sixty-one years of age and had worked at the J-M plant for eighteen years as of 1968,3 when he was “laid off” for non-medical reasons. Significantly, Dr. Weil noted that “there has been no shortness of breath . . . nor history of chest pain, edema,4 nocturnal [728]*728dyspnea,5 or orthopnea6”,7 and further, that plaintiff has smoked one pack of cigarettes per day for over forty years. Examination of the chest revealed adequate thoracic expansion without delay of the expiratory phase. Dr. Weil detected no crackling or wheezing in the plaintiffs lungs.

His examination of Mr. Hawkins’ x-rays revealed “bilateral linear and nodular densities within the apices of both upper lobes (of the lungs), suggesting an old granulo-matous infection such as tuberculosis. . . No pleural abnormalities are present.” Studies of pulmonary function were performed by Dr. Weil, and showed Mr. Hawkins’ lungs to be functioning in the lower normal range “with the possible exception of a modest degree of hyperinflation.” Dr. Weil’s ultimate finding was that “radio-graphic evidence of diffuse pulmonary or pleural fibrosis is lacking . . . there is no evidence of a work-related respiratory disorder.” Dr. Weil’s trial testimony served principally to repeat his earlier written findings and to explain to the court their significance with regard to his ultimate conclusion that the disease which afflicted Mr. Hawkins was not asbestosis, but rather tuberculosis. First, Dr. Weil explained that asbestosis produces linear densities of the kind that were not observable on Mr. Hawkins’ x-rays. Second, the probability that nodulation within plaintiff’s lungs was due to tuberculosis was enhanced by the fact that in 1972, plaintiff’s tuberculin skin tests converted from negative to positive. Third, Mr. Hawkins lung function tests were in the normal range. These tests measure three things: the volume of gas within the lungs and therefore the volume of the lungs themselves; conduction of air in and out of the lungs (flow rates); and the efficiency of gas exchange within the lungs. Dr. Weil found no reduction in the plaintiff’s rate of exhalation, and concluded that he did not have any airway obstruction. He also stated that any fibrosis or scarring within the lungs would have been revealed through these tests: total lung capacity, vital capacity and diffusing capacity would have shown reduction from the normal level. Mr. Hawkins’ functions showed no such reduction.

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Bluebook (online)
418 So. 2d 725, 1982 La. App. LEXIS 7845, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hawkins-v-johns-manville-corp-lactapp-1982.