Lewis v. Beauregard Memorial Hosp.

649 So. 2d 655, 94 La.App. 3 Cir. 318, 1994 La. App. LEXIS 2952, 1994 WL 597687
CourtLouisiana Court of Appeal
DecidedNovember 2, 1994
Docket94-318
StatusPublished
Cited by7 cases

This text of 649 So. 2d 655 (Lewis v. Beauregard Memorial Hosp.) 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
Lewis v. Beauregard Memorial Hosp., 649 So. 2d 655, 94 La.App. 3 Cir. 318, 1994 La. App. LEXIS 2952, 1994 WL 597687 (La. Ct. App. 1994).

Opinion

649 So.2d 655 (1994)

Johnny Ray LEWIS, Sr., Plaintiff-Appellee,
v.
BEAUREGARD MEMORIAL HOSPITAL, Defendant-Appellant.

No. 94-318.

Court of Appeal of Louisiana, Third Circuit.

November 2, 1994.

*656 Robert Lawrence Beck Jr., for plaintiff appellee.

Mesonie Terrence Halley Jr., for defendant appellant.

Before PETERS and BERTRAND,[*] JJ.

PETERS, Judge.

This is a workers' compensation case. Johnny Ray Lewis, Sr., claims to have sustained a mental injury resulting from work-related stress while in the course and scope of his employment with Beauregard Memorial Hospital in DeRidder, Louisiana. The employer denied the claim and refused to pay benefits. After trial, the hearing officer found in favor of the employee and awarded temporary total disability benefits for the claimed mental injury. Beauregard Memorial Hospital appeals this decision.

FACTS

In December of 1982, Johnny Ray Lewis, Sr., was employed as a security guard by the Beauregard Memorial Hospital located in DeRidder, Louisiana. His duties included patrolling the halls and parking lots, escorting employees to their vehicles, and running errands for the various departments. He was later appointed supervisor of security at the facility but that title only added scheduling duties to his job description. He worked continuously as security supervisor until April 25, 1993, at which time he contends his emotional state totally deteriorated and he became disabled. The event giving rise to this emotional disability was a severe thunderstorm which struck the DeRidder area on the evening of March 22, 1993. This storm caused a partial power outage which affected the critical care areas of the hospital. As with most such facilities, the Beauregard Memorial Hospital has contingent power systems for such emergencies. In the event of power failures, two back-up generators are in place and designed to restore power within ten seconds after the main system goes down. However, on the evening of March 22, 1993, the back-up system did not respond as it was designed to do, and the generators failed to automatically restore power to the affected portion of the hospital.

When the partial failure occurred, Lewis was on duty in the day care wing which is an older part of the hospital serviced by a separate electrical system. This system was not affected by the partial outage and therefore, Lewis was not immediately aware of the emergency. As he left to return to the main building he noticed that the emergency lights in the hallway were on and the fire doors were closed, signs that there had been a power failure. Almost immediately, he was *657 met by the hospital administrator, Theodore Badger. The two men proceeded to the main power plant to ascertain the problem and restore power as quickly as possible. They were able to immediately restore power by activating the malfunctioning generators. Although the two men had no way of knowing the results of the power failure at the time they activated the generators, later investigation revealed that no patients suffered harm because of the emergency. In fact, the actual power outage lasted less than five minutes.

Lewis and Badger were then met by John Russell, Director of Plant Operations and Lewis' immediate supervisor. Lewis was informed by either Badger or Russell that the power had been off for approximately twenty minutes and Russell asked Lewis questions concerning his whereabouts at the time of the outage, what he was doing there, and what actions he took in response to the power outage. Lewis testified that he interpreted these questions to mean Russell considered his performance in the emergency to be unsatisfactory. However, Russell testified that he was upset over the generator's failure and the purpose of his inquiry was to determine whether the existing safety procedures had been adequate to handle the situation.

Lewis was requested to attend a meeting with the hospital safety committee approximately one week after the incident. Because this was the first time he had been invited to attend a safety meeting since being employed at the hospital, Lewis testified he was fearful of attending. He believed the reason for his requested attendance was to give the committee the opportunity to fire him. Contrary to his beliefs, his presence was required to make available to the committee an additional source of information concerning the power failure. In fact, he was asked no questions and there was no mention of, or threat toward, his employment status.

Four days after the power outage, Lewis was examined at the Alexandria Veterans Administration Hospital by Dr. David Daniel, a clinical psychologist. He complained to Dr. Daniel that he had been hearing voices, and seeing green lights and faces. He told Dr. Daniel the voices were laughing at him and making fun of him. Dr. Daniel recalls Lewis mentioning his job during the examination and interview, but could not recall a specific reference to the power outage. Dr. Daniel diagnosed Lewis as having a depressive disorder with possible hallucinations, and tried unsuccessfully to convince Lewis to enter the hospital for further evaluation.

Lewis testified that he continued to work but suffered increasing feelings of guilt as he believed he had not reacted promptly to the situation. He believed he failed in his responsibility to the hospital and began to feel more depressed daily. He testified that he was always sweating, shaking, and sometimes experiencing periods of tremendous confusion, even black-outs. He also testified that each night after work he would come home and cry.

On April 25, 1993, Mrs. Lewis received a telephone call from one of the hospital employees informing her that her husband had become upset at work and was crying hysterically. Mrs. Lewis sent their son, James Earl Lewis, to check on his father. James Earl testified that when he arrived at the hospital he found his father leaning against a wall and crying, and when they returned home, his father would do nothing but sit in front of the television set. Another son, Joseph Lewis, was called by Mrs. Lewis to come to the home. Joseph testified that when he arrived, his father's hands were shaking and he was very disoriented. Joseph convinced his father to be examined that evening.

He was admitted to Beauregard Memorial Hospital and placed in intensive care for several days under the care of Dr. Flynn Taylor. Because of an extremely high enzyme level, Dr. Taylor initially feared Lewis had suffered a heart attack. Dr. Taylor referred Lewis to Dr. Carl Fastabend, a cardiologist in Lake Charles, Louisiana. Dr. Fastabend concluded that Lewis was not suffering from a cardiac malfunction, but rather depression. He recommended that Lewis seek therapy for his condition and referred him to Dr. Edwin Bonilla, a general practitioner in DeRidder.

*658 When Dr. Bonilla first examined Lewis, the patient was complaining of chest pains, weakness, and dizziness. Dr. Bonilla's diagnosis was also acute depression, and on June 3, 1993, admitted Lewis to Beauregard Memorial Hospital for observation. He also recommended that Lewis begin counselling treatment with Terri Theaux, a licensed professional counselor in DeRidder, Louisiana. Ms. Theaux continued to counsel with Lewis even after he was discharged from Beauregard Memorial on June 5, 1993. Not long after his release from the hospital, Lewis began seeing professionally Dr. Harry Gutierrez, an Alexandria, Louisiana, psychologist, who also diagnosed his difficulties as depression.

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

Related

Montgomery v. Louisiana, DOTD
797 So. 2d 177 (Louisiana Court of Appeal, 2001)
Partin v. Merchants & Farmers Bank
783 So. 2d 652 (Louisiana Court of Appeal, 2001)
Marks v. 84 Lumber Co.
771 So. 2d 751 (Louisiana Court of Appeal, 2000)
Clophus v. Taco Bell Corp./HotN'Now
732 So. 2d 692 (Louisiana Court of Appeal, 1999)
Quillin v. Calcasieu Marine Nat. Bank
690 So. 2d 802 (Louisiana Court of Appeal, 1996)
Renter v. Willis-Knighton Medical Center
679 So. 2d 603 (Louisiana Court of Appeal, 1996)
Henry v. Gulf Coast Cas. Ins. Co.
670 So. 2d 307 (Louisiana Court of Appeal, 1996)

Cite This Page — Counsel Stack

Bluebook (online)
649 So. 2d 655, 94 La.App. 3 Cir. 318, 1994 La. App. LEXIS 2952, 1994 WL 597687, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lewis-v-beauregard-memorial-hosp-lactapp-1994.