Hughes v. Royal Globe Ins. Co.

496 So. 2d 1241
CourtLouisiana Court of Appeal
DecidedOctober 14, 1986
Docket86-CA-158
StatusPublished
Cited by5 cases

This text of 496 So. 2d 1241 (Hughes v. Royal Globe Ins. Co.) 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
Hughes v. Royal Globe Ins. Co., 496 So. 2d 1241 (La. Ct. App. 1986).

Opinion

496 So.2d 1241 (1986)

Norman HUGHES
v.
ROYAL GLOBE INSURANCE COMPANY and Purolator Courier Corp.

No. 86-CA-158.

Court of Appeal of Louisiana, Fifth Circuit.

October 14, 1986.
Writ Denied December 12, 1986.

*1243 Bernard, Cassisa, Saporito & Elliott, Eugene M. McEachin, Jr., Howard B. Kaplan, Metairie, for Royal Globe Ins. Co. and Purolator Courier Corp., defendants-appellants.

Jerome Friedman, A Professional Law Corp., Jerome Friedman, Metairie, for Norman Hughes, plaintiff-appellee-appellant.

Before CHEHARDY, C.J., GRISBAUM, J., and NACCARI, J. Pro Tem.

CHEHARDY, Chief Judge.

In this worker's compensation suit, Purolator Courier Corp. and Royal Globe Insurance Company appeal from a judgment that found Norman Hughes permanently and totally disabled and ordered defendants to pay plaintiff benefits in the amount of $148 per week from the date of his accident, July 1, 1980, until his death. Defendants assert the district court erred in finding that plaintiff's preexisting mental condition was aggravated by the accident and in finding that plaintiff was permanently and totally disabled by his mental condition.

Hughes has cross-appealed, raising as error the trial judge's failure to order defendants to pay certain medical expenses and expert witnesses' fees, his failure to award penalties and attorney's fees and his failure to award interest on each unpaid installment as it became due.

Hughes had been working as a driver-courier for Purolator for approximately 3½ years when he fell on a flight of stairs on July 1, 1980. He suffered initial physical injuries—contusions, abrasions and cervical strain—for which he underwent treatment for several months. Even after all objective symptoms of his injuries had disappeared, however, plaintiff continued to complain of pain.

He was paid benefits for temporary total disability until November 25, 1980. Royal Globe terminated the benefits after receiving several reports from plaintiff's treating physician in which he stated that he could not account for plaintiff's continued complaints of pain, as the physical injury had resolved itself by that time.

Hughes filed this suit on March 31, 1981, asserting he was permanently and totally disabled because he could not work without substantial pain. He continued to be examined and treated by various physicians, psychiatrists and psychologists, who determined that his complaints of pain were psychosomatic rather than organic. Hughes was hospitalized in May 1981 when an old ulcer flared up.

Hughes was discharged as physically ready to return to work on June 9, 1981 and began working again on June 15, 1981. Because another employee had been assigned *1244 to plaintiff's former courier route during plaintiff's long absence, he was given a position as a utility courier. As a utility courier, he was assigned to different routes according to where he was needed each day. On July 29, 1981 Hughes refused to run a new route to which he was assigned, because he felt he could not do it. He was unable to adjust to a new route every day. As a result, he was warned that another violation would result in his discharge. Thereafter, on August 6, 1981, he voluntarily resigned his employment.

Hughes was hospitalized in a psychiatric ward for several weeks in October 1981 because he "completely lost touch with reality." At the time of trial he was being treated by psychotherapy and medication. The medical personnel who had examined and/or treated the plaintiff generally agreed that plaintiff suffers from psychotic depression, that he had shown symptoms of this in the past, but that it was latent. They disagreed as to whether the reawakening of his psychological problems was caused by organic brain syndrome—possibly Alzheimer's Disease—or by the trauma of the accident and the subsequent injuries. There was no question that plaintiff's condition disables him from working at present.

Plaintiff testified he has absolutely no memory of working for Purolator at all, although he worked there three years prior to the accident. He had no memory of the accident of July 1, 1980. His supervisor at Purolator testified plaintiff had performed his job satisfactorily prior to his injury, but could not deal with the job when he returned to work.

After reviewing the medical evidence in detail, the trial judge concluded,

"The medical testimony in this case is in hopeless conflict with the experts disagreeing among themselves, but one finding does emerge consistently: Norman Hughes is a long-term sufferer of a personality disorder and that disorder, while not incapacitating prior to the accident, was aggravated or worsened by the accident to the extent that he is now totally incapacitated from performing his previous employment. Since this is a case under the old Workmen's Compensation Act, he is entitled to total and permanent benefits under that act, with credit for payments previously made."

As an appendix to this opinion we include the district court's reasons for judgment, which summarizes the relevant medical testimony.

In order for us to reverse the district court's ruling, we would have to find the judge manifestly erroneous in his factual determination that plaintiff's incapacity was aggravated by the accident on July 1, 1980. Guillot v. Sentry Ins. Co., 472 So.2d 197 (La.App. 5 Cir.1985).

In a case where a claimant seeks worker's compensation for neurotic disability, traumatic neurosis, etc., the court must proceed with the utmost caution and exercise extreme care in view of the nebulous characteristics of such a condition and the possibility of the symptoms being easily feigned. Andrus v. Rimmer & Garrett, Inc., 316 So.2d 433 (La.App. 3 Cir.1975).

The evidence in a worker's compensation case in which there is a claim of psychoneurotic disability must be carefully scrutinized due to the vague, nebulous and subjective nature of the disability. Le Beuf v. Motel Metz, Inc., 276 So.2d 895 (La.App. 1 Cir.1973).

A worker who is susceptible to disability from an accident is entitled to worker's compensation benefits even though the same accident or injury would have caused little or no harm to a healthy worker. Achord v. H.E. Weise Const. Co., 422 So.2d 1248 (La.App. 1 Cir.1982). An employer takes an employee as he finds him and is liable for compensation even when a disabling accident was such only because of a preexisting disorder in the employee. Id.

An employee's disability is compensable if a preexisting disease or condition is activated or precipitated into disabling manifestations as a result of a work accident. Herrin v. Georgia Cas. & Sur. Co., *1245 414 So.2d 1323 (La.App. 2 Cir.1982); see also, Pendleton v. Spartan Bldg. Const., 432 So.2d 298 (La.App. 5 Cir.1983).

It is not necessary for the expert witnesses to determine the exact cause of the disability in order for the employee to recover benefits; the claimant need only show by a preponderance of the evidence that the work accident caused the disability. Hammond v. Fidelity & Cos. Co. of New York, 419 So.2d 829 (La.1982).

In Hughes v. Webster Parish Police Jury, 414 So.2d 1353 (La.App. 2 Cir.1982), the court ruled that although a compensation claimant's unusual emotional characteristics preexisted a work-related accident, it is the rule that an employer takes his employee as he finds him and an employee's disability is compensable when the nondisabling preexisting condition is activated or precipitated into disabling manifestations as a result of injury.

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