Landreneau v. Travelers Insurance Co.

345 So. 2d 177, 1977 La. App. LEXIS 5043
CourtLouisiana Court of Appeal
DecidedApril 13, 1977
DocketNo. 5796
StatusPublished
Cited by4 cases

This text of 345 So. 2d 177 (Landreneau v. Travelers Insurance 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
Landreneau v. Travelers Insurance Co., 345 So. 2d 177, 1977 La. App. LEXIS 5043 (La. Ct. App. 1977).

Opinion

HOOD, Judge.

Even Landreneau instituted this suit against The Travelers Insurance Company, seeking to recover workmen’s compensation benefits, penalties and attorney’s fees. The trial court rendered judgment in favor of defendant, and plaintiff appealed.

The determining issue presented here is whether plaintiff’s present disability result[178]*178ed from an accident which arose out of or in the course of his employment.

Landreneau sustained a heart attack, diagnosed as a coronary occlusion with a myocardial infarction, between 6:00 and 7:00 A.M. on Friday, September 14, 1973. He was at his home getting dressed to go to work when that attack occurred. He has been totally disabled since that date.

The evidence shows that plaintiff had been employed by Manuel Truck and Equipment Company, Inc., as head of its parts department, for more than 15 years before he became disabled. His regular working hours were from 7:00 A.M. until 6:00 P.M. He performed no heavy manual labor, and we find that the duties of his employment required little, or at least only a moderate amount of, physical exertion on his part. He had a helper, and most of the lifting or moving of heavy automobile or truck parts, such as batteries dr tires, was done by his helper or by other employees, although plaintiff occasionally did some lifting when no one else was available to do it. He was in an air conditioned building during at least 80 to 90 per cent of his working time.

Plaintiff testified that he left his employment and returned to his home about 6:30 P.M. on Thursday, September 13, 1973, after an uneventful day. He had done no lifting on September 13, or on any other day that week, and nothing had occurred on that day or during that week which required him to exert himself any more than he normally did on any other day. He did not feel any more fatigued that evening than usual, although he stated that he had had a “dragging” feeling for about 6 months. He slept well that night, and he arose about 6:00 the next morning, September 14, as he customarily did every morning. He proceeded to get dressed to go to work, but shortly before 7:00 A.M., after getting completely dressed except for his shoes, he began to feel ill. He thereupon went back to bed and his family doctor was called about 30 minutes later. The doctor determined that he had sustained an occlusion or an infarction while he was dressing that morning. He has not worked since that date, and defendant concedes that plaintiff is disabled.

Plaintiff was 50 or 51 years of age when the above incident occurred. He was obese and had been suffering from arteriosclerosis and hypertension, or high blood pressure, for at least 12 years before he became disabled. He, in fact, had been treated regularly for high blood pressure since 1961. He was a very nervous or tense person, and had been taking tranquilizers “off and on” because of that condition for several years. In December, 1968, he sustained a relatively severe heart attack, described as an “acute posterior infarction of the heart,” and as a result of that attack he was off work for one month and he performed only light duties for four or five months thereafter.

This suit was instituted on December 12, 1973. Plaintiff contends that the heart attack which he sustained on September 14, 1973, was the result of stress suffered during the course of his employment. He testified that he often took his work home with him mentally, meaning that he tended to worry about his job even when at home. He stated that he had been under greater mental stress since June, 1973, when his employer bought the stock of merchandise of another company, explaining that it became his responsibility to inventory the new stock and to merge it with the stock of parts previously owned by his employer.

The record shows that Landreneau sustained another heart attack in November, 1974, while this suit was pending.

Plaintiff has been under the treatment of Dr. J. J. Stagg, a general practitioner, since the date he sustained his second heart attack in 1973. Dr. Stagg, in fact, has been treating plaintiff for high blood pressure and for his heart condition since 1961. The doctor stated that there was a “possibility” that the stress of plaintiff’s work contributed to his present disability, but he refused to state that there was a “reasonable medical probability” of a causal connection between his job and his 1973 heart attack.

Dr. Benjamin O. Morrison, a specialist in internal medicine, treated plaintiff for a [179]*179brief period of time, beginning October 30, 1973, while he was hospitalized. He felt that the mental stress plaintiff was under contributed to his eventual heart attack, but he testified that the stress or tenseness exhibited by plaintiff could have been caused by many factors not connected with his work. For that reason Dr. Morrison would not state that the stress of Landre-neau’s work was the probable cause of his infarction. He explained that there are “too many factors that can cause an infarction, not just you know, nervous stress.”

Dr. Rodney E. Landreneau, Jr., a general surgeon, treated plaintiff from April 1, 1974, until about May 28, 1974. He stated that plaintiff was a very nervous person, that the stress of his work made him more nervous, and that his nervousness did “contribute to his development of a coronary.” In response to the question of whether plaintiff’s heart attack was the direct result of his work, Dr. Landreneau testified:

“I don’t think it was a direct result of his work. I think it was a direct result of him having heart disease, hardening of an — the arteries in the coronary arterial system of his heart. I think this is a direct cause of his coronary occlusion. There are many contributing factors to the development of arteriosclerosis as far as we know now. The cholesterol level of the blood, hypertension, obesity, a stressful situation or working under a stressful situation and conditions. These are all factors. Also smoking. He was a heavy smoker. These are all contributing factors.”

Finally, plaintiff was examined by Dr. Lawrence P. O’Meallie, a specialist in cardiovascular disease, on November 1, 1974. Dr. O’Meallie was firm in his opinion that there was no causal relationship between plaintiff’s work and the heart attack which he sustained on September 14, 1973. He stated, “I do not believe his job caused his coronary disease, nor do I believe it caused his two myocardial infarctions.” He also testified, “I do not believe that Mr. Landre-neau’s occupation has anything to do with the development of his coronary arteriosclerosis and his two myocardial infarctions and his subsequent disability.”

On the basis of that evidence, the trial judge held “The evidence shows that plaintiff was stricken while at home before going to work one morning; I am unable to see how this can be considered an accident in the course of employment.” He thereupon rendered judgment rejecting plaintiff’s demands.

We have considered the medical testimony, and have decided that it fails to show a causal connection between plaintiff’s work and the heart attack which he-suffered on September 14, 1973. We also have concluded that plaintiff’s disability did not result from an accident which occurred during the course of his employment.

An “accident” is defined in the workmen’s compensation law as “an unexpected or unforeseen event happening suddenly or violently, with or without human fault, and producing at the time objective symptoms of an injury.” LSA-R.S. 23:1021(1).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

McDonough v. Connecticut Bank & Trust Co.
527 A.2d 664 (Supreme Court of Connecticut, 1987)
Guidry v. Sline Indus. Painters, Inc.
418 So. 2d 626 (Supreme Court of Louisiana, 1982)
Guidry v. Serigny
378 So. 2d 938 (Supreme Court of Louisiana, 1979)
State Ex Rel. Worker's Compensation Division v. McCarley
590 P.2d 1333 (Wyoming Supreme Court, 1979)

Cite This Page — Counsel Stack

Bluebook (online)
345 So. 2d 177, 1977 La. App. LEXIS 5043, Counsel Stack Legal Research, https://law.counselstack.com/opinion/landreneau-v-travelers-insurance-co-lactapp-1977.