McConnell v. City of Ruston

660 So. 2d 100, 1995 WL 497431
CourtLouisiana Court of Appeal
DecidedAugust 23, 1995
Docket27,154-CA, 27,155-CA
StatusPublished
Cited by4 cases

This text of 660 So. 2d 100 (McConnell v. City of Ruston) 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
McConnell v. City of Ruston, 660 So. 2d 100, 1995 WL 497431 (La. Ct. App. 1995).

Opinion

660 So.2d 100 (1995)

Harry McCONNELL, Plaintiff-Appellee,
v.
CITY OF RUSTON and Office of Risk Management, Defendants-Appellants.

Nos. 27,154-CA, 27,155-CA.

Court of Appeal of Louisiana, Second Circuit.

August 23, 1995.

*101 Smith & Shadoin by Robert E. Shadoin, Ruston, for appellants.

Teat & Avery by Darrell R. Avery, Jonesboro, for appellee.

Before MARVIN, SEXTON and STEWART, JJ.

MARVIN, Chief Judge.

The City of Ruston and its worker's compensation insurer appeal a judgment awarding weekly benefits, medical and travel expenses, penalties and attorney fees to Harry McConnell, who worked for the City's solid waste department from August 1990-February 1991, first as a "shuttle truck" driver, hauling loaded trailers to the trash dump, and then as part of a "box truck" crew, frequently getting in and out of the truck to collect empty boxes from trash bins at various commercial establishments in Ruston.

We reverse and render judgment dismissing McConnell's demands.

DISCUSSION

McConnell alleged that he has been totally disabled from working since February 1991, by either or both a neck injury he sustained at work on or about February 13, 1991, and by the effect of his work on a congenital foot condition, flat-footedness, which condition made him susceptible to developing painful lesions or calluses on the soles of his feet.

McConnell testified that he had no problems with his feet until October or November of 1990, shortly after he was assigned to the box truck crew and began spending more of his work time on his feet. He said he then began developing calluses which hurt "a little bit" at first, but "gradually" and "progressively" became more painful over the next few months, prompting him to seek treatment from a podiatrist on February 18, 1991.

McConnell attributed the calluses to his frequently having to step or jump a distance of 1½-3 feet to get in and out of the passenger compartment of the box truck, depending on whether he used the step on the side of the truck or simply jumped to the ground. He could not recall a specific incident or event that triggered the onset of the calluses.

McConnell has not worked since February 14, 1991. He filed separate w.c. claims for his neck and foot injuries, both of which the City denied. The hearing officer ruled in McConnell's favor, finding both injuries compensable, implicitly classifying McConnell's condition as temporary total disability.

The City argues the hearing officer was clearly wrong in finding the neck injury compensable, claiming the medical evidence does not corroborate McConnell's account of the injury itself, nor show that the injury, if any, prevented him from working.

With respect to the foot condition, which McConnell said developed gradually, and which was not alleged or shown to have resulted from an identifiable incident or event that may be construed as an "accident" under the w.c. law, the City contends compensation is legally barred, citing the statutory definition of the term "accident," LRS 23:1021(1), as amended by Acts 1989, No. 454, and this court's interpretation of the amended definition in Rice v. AT & T, 614 So.2d 358 (La.App.2d Cir.1993). See discussion infra.

We review the record factually in the light that most favorably supports the judgment. Theriot v. Allstate Ins. Co., 625 So.2d 1337 *102 (La.1993); Harrison v. Myers, 25,902 (La. App.2d Cir. 6/22/94), 639 So.2d 402.

The hearing officer's conclusion that McConnell injured his neck at work cannot be said to be clearly wrong under the standard of Rosell v. ESCO, 549 So.2d 840 (La. 1989), inasmuch as there were two permissible views of the evidence on this purely factual issue.

While the existence and extent of a claimant's disability from a work-related injury is essentially a factual issue to be determined from the totality of the evidence, both lay and medical, the disability must conform to the statutory definitions of LRS 23:1221. Bailey v. Smelser Oil & Gas, Inc., 620 So.2d 277 (La.1993); Jackson v. Georgia Cas. and Sur. Co., 513 So.2d 530 (La.App.2d Cir.1987), writ denied.

The evidence in this record, even when viewed most favorably in support of the judgment, does not reasonably allow the conclusion that McConnell was totally, or even partially, disabled from working by his neck injury within the statutory definition.

The foot calluses, which were deemed partially but not totally disabling by McConnell's podiatrist, were not shown to have resulted from a work-related accident, as that term has been legislatively defined. See authorities cited supra and discussed infra.

On this record, we must conclude that McConnell is not entitled to benefits for either of his injuries.

APPLICABLE LAW

For each of the injuries, neck and foot, that formed the basis of his respective claims for weekly benefits, McConnell was required to prove that he sustained a work-related injury by accident, as that term is statutorily defined, and that the injury caused some type of disability that prevented him from working during the period for which benefits are claimed. LRS 23:1031, 1221; Burnes v. Wizard Enterprises, Inc., 543 So.2d 616 (La.App.2d Cir.1989); Wokoma v. Hawk Pipe Service, Inc., 509 So.2d 665 (La.App.3d Cir.1987). The claimant need not prove the exact cause of the disability, but must prove a causal relationship between the work accident and the disability. Quinones v. U.S. Fidelity and Guar. Co., 93-1648 (La. 1/14/94), 630 So.2d 1303; Lubom v. L.J. Earnest, Inc., 579 So.2d 1174 (La.App.2d Cir. 1991).

DEFINITION OF "ACCIDENT"
The term accident is legislatively defined:
"Accident" means an unexpected or unforeseen actual, identifiable, precipitous event happening suddenly or violently, with or without human fault, and directly producing at the time objective findings of an injury which is more than simply a gradual deterioration or progressive degeneration.
LRS 23:1021(1), as amended by Acts 1989, No. 454, effective Jan. 1, 1990. Our emphasis.

The emphasized language did not appear in the pre-1990 definition, leading this court to conclude, in Rice v. AT & T, cited supra, that the amendment reflected the legislature's deliberate intention "to ... reduce the circumstances which amounted to an accident under [the pre-1990] law." Fn. 3, 614 So.2d at 361. Our brackets.

McCoy v. Kroger Co., 431 So.2d 824 (La.App.2d Cir.1983), illustrates the broader, pre-1990 interpretation of the term, which allowed the claimant to recover benefits under facts similar to those presented here. By virtue of the 1990 amendment in effect when McConnell began experiencing problems with his feet, McCoy does not control this appeal.

[T]he term accident now includes a weakened condition which collapses due to a precipitous event, but does not include a weakened condition which gradually degenerates over time.... [T]he key requirement under the amended definition... is that the event directly produced sudden objective findings of an injury rather than being merely a manifestation of a gradual deterioration or progressive degeneration.
Rice, supra, 614 So.2d at 361.

The "actual, identifiable, precipitous event" under the present law may include a routine movement or task that the claimant regularly *103

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Bluebook (online)
660 So. 2d 100, 1995 WL 497431, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcconnell-v-city-of-ruston-lactapp-1995.