James v. Aetna Casualty & Surety Co.

230 So. 2d 96, 1969 La. App. LEXIS 4960
CourtLouisiana Court of Appeal
DecidedDecember 22, 1969
DocketNo. 7829
StatusPublished

This text of 230 So. 2d 96 (James v. Aetna Casualty & Surety 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
James v. Aetna Casualty & Surety Co., 230 So. 2d 96, 1969 La. App. LEXIS 4960 (La. Ct. App. 1969).

Opinion

REID, Judge.

Plaintiff, Earl Wayne James, instituted this suit against his employer, Steers and Morrison-Knudsen, and its workmen’s compensation insurer, Aetna Casualty & Surety Company, for total and permanent disability resulting from a dermatitis allegedly contacted in the course and scope of his employment.

Plaintiff’s petition alleges that on or about December 16, 1963, he was suffering a rash on his entire body, particularly around the area of his eyes, as a result of the work he was required to do for his employer; that his condition was diagnosed as a skin disease caused by the creosote and heavy oily substance on the pilings and timbers located on the premises where he was required to work; and that his condition had been diagnosed as an occupational skin disease which would break out again if plaintiff had to work around timbers treated with creosote or oily substance, and, therefore, he had been totally incapacitated to do work of any reasonable character and thus was permanently and totally disabled for the performance of his trade and occupation. Plaintiff prayed for compensation at the rate of $35.00 per week, beginning December 16, 1963, for 400 weeks, plus interest on each past due payment, and also for $2,500.00 medical expenses, $1,000.00 attorney’s fees, and penalties.

The defendants filed a general denial except to admit that on or about October 25, 1963 plaintiff was sent to a physician for difficulty with his wrists and was subsequently hospitalized, and alleged payment of compensation in the amount of $84.50 from November 14, 1963 to December 1, 1963, together with substantial medical expenses.

[97]*97Plaintiff Earl Wayne James died on February 27, 1966, and his widow was substituted as party plaintiff in the place of her husband.

The case was tried and submitted on written briefs, and for reasons handed down by the Court on July 30, 1968, judgment was rendered in favor of plaintiff and against the defendants, in solido, awarding plaintiff compensation at the rate of $35.00 per week, beginning on December 12, 1963, until February 27, 1966, the date of death of plaintiff, with interest, and decreeing that Maymee M. James, substituted party plaintiff, receive the sums due her deceased husband. The judgment further fixed the fees of the expert witnesses, Dr. Marion E. Kopfler and Dr. Joe C. Til-ley, at $50.00 each, to be taxed as costs, all costs to be paid by the defendants. The Court decreed the defendants not unreasonable or arbitrary in refusing to make compensation payments and the plaintiff’s demands in that respect were denied.

On motion of counsel for defendants, an order of suspensive, and in the alternative devolutive appeal was entered on August 23, 1968.

Appellants, Aetna Casualty & Surety-Company, hereinafter denominated “Aet-na,” and Steers and Morrison-Knudsen, hereinafter denominated “Steers and Morrison,” filed only one specification of error, namely, that the lower Court erred in finding that Earl Wayne James, hereinafter denominated “James,” was totally and permanently disabled.

There is no question but what James was an employee of Steers and Morrison in October of 1963 and that he contracted dermatitis which resulted in a disability on or about November 8, 1963. The plaintiff was an iron worker and as such a skilled laborer. He developed this skin condition on his wrists which progressively worsened until about October 24, 1963, when it became so disabling that on October 27, 1963 he went to see Dr. W. T. Brown, a dermatologist. He was admitted to the hospital on November 8 for further examination, evaluation and treatment. Dr. Brown called in Dr. Joe C. Tilley, another dermatologist, who made an examination of the plaintiff, and on November 9, 1963, he did a biopsy on James. He saw James again on November 11, 1963, at which time his diagnosis was “probable contact dermatitis due to some of the materials that he handled in his work.” He only saw plaintiff three times.

Plaintiff was discharged from the hospital on November 13, 1963, and on November 23, 1963, Dr. Brown certified him as being able to return or resume light work on December 2, 1963.

According to the work sheet of defendant company, the plaintiff’s wages declined on the weeks ending November 3 and November 10. He performed no work at all the weeks ending November 17 and 24 and December 1.

He resumed his labors on December 2, 1963, and worked continuously until January 2, 1964, at which time, according to his pay sheet, he stopped working.

In December of 1963, the plaintiff became dissatisfied with his condition, saying that he still had the rash on his arm, hands and legs, and went to see Dr. Marion E. Kopfler, another dermatologist in Baton Rouge. Dr. Kopfler diagnosed the rash as a contact allergy, which was the same as a contact dermatitis. Dr. Kopfler saw the plaintiff several times during the month of December of 1963. He testified that he saw him off and on from December 13, 1963 until April of 1964. He stated that plaintiff would have recurrent rash and it would clear up and then recur. He further testified that he understood James worked with a compound called “form oil” used for treating the iron or the forms. James gave Dr. Kopfler a sample of the form oil for examination. The last time Dr. Kopfler saw the plaintiff in 1964 was on April 4. He did not see plaintiff again until April 9, 1965, and the last time he [98]*98saw plaintiff was June 21, 1965. He stated that in 1965 he “saw him one-two-three-four times, and he would have a slight flare-up on those four occasions.” He prescribed medication, namely, a cortisone cream to cut down inflammation and relieve the itching. He stated that it would clear up the rash. When he saw plaintiff in April he had little blisters in the palm of his hand that the doctor thought were due to inflammation around the sweat glands. On May 24 his hands broke out mostly about the nails. He stated that at that time the plaintiff had been working on his automobile motor and had come in contact with grease and oil, but that this didn’t have anything to do with his regular employment.

Plaintiff resumed his labors with Steers and Morrison on February 3, 1964, and his first payday was February 9, 1964. From that time on he worked continuously through May 11, 1964, at which time he was laid off.

After leaving there he worked for a couple of small contractors, one of which was Reddy Fabricators. Subsequent to that he worked fnr Sun Erection Company for four or five months as an iron worker in connection with the construction of the docks of the Greater Baton Rouge Port Commission on the west side of the Mississippi River in Port Allen. He was laid off on account of illness, namely, a heart attack, from which he was incapacitated for four months. A few days before the trial of this case he got a job with Nichols Construction Company for whom he was working at the time of the trial.

Plaintiff in his testimony stated that after his heart attack he went to work for Nichols Construction Company on the 6th day of January, 1965. The record discloses that plaintiff worked as an iron worker up until his death on February 27, 1966. According to his testimony he could use rubber gloves and perform his work satisfactorily, although he did state that he could not do some of the things that he formerly did.

There is no question but what if he came into contact with steel on which this substance had been applied it produced a rash on his hands and other parts of his body.

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Related

LaCoste v. J. Ray McDermott & Co.
193 So. 2d 779 (Supreme Court of Louisiana, 1967)
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137 So. 2d 894 (Supreme Court of Louisiana, 1962)

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Bluebook (online)
230 So. 2d 96, 1969 La. App. LEXIS 4960, Counsel Stack Legal Research, https://law.counselstack.com/opinion/james-v-aetna-casualty-surety-co-lactapp-1969.