Meche v. City of Crowley Fire Dept.

688 So. 2d 697, 96 La.App. 3 Cir. 577, 1997 La. App. LEXIS 162, 1997 WL 55377
CourtLouisiana Court of Appeal
DecidedFebruary 12, 1997
Docket96-577
StatusPublished
Cited by10 cases

This text of 688 So. 2d 697 (Meche v. City of Crowley Fire Dept.) 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
Meche v. City of Crowley Fire Dept., 688 So. 2d 697, 96 La.App. 3 Cir. 577, 1997 La. App. LEXIS 162, 1997 WL 55377 (La. Ct. App. 1997).

Opinion

688 So.2d 697 (1997)

Gene R. MECHE, Plaintiff-Appellant,
v.
CITY OF CROWLEY FIRE DEPARTMENT, Defendant-Appellee.

No. 96-577.

Court of Appeal of Louisiana, Third Circuit.

February 12, 1997.
Writ Denied April 25, 1997.

*698 James J. Cox, Kevin L. Camel, Lake Charles, for Gene R. Meche.

Christopher R. Philipp, Lafayette, for City of Crowley Fire Dept.

Before DOUCET, C.J., and YELVERTON, THIBODEAUX, DECUIR and AMY, JJ.

AMY, Judge.

This is a worker's compensation case. Plaintiff, Gene Meche, appeals the hearing officer's ruling that he was not entitled to medical expenses under worker's compensation law. For the reasons which follow, we reverse and render judgment in favor of the appellant, Gene Meche.

DISCUSSION OF THE RECORD

On April 15, 1993, while on duty, Gene Meche, who was employed by the City of Crowley Fire Department for a total of 29 years, began feeling pain in his chest, left shoulder, and jaw. In the course of treatment, Meche was examined by several cardiologists, and he was ultimately diagnosed with a condition commonly referred to as "sick sinus syndrome." The recommended course of treatment for his "sick sinus syndrome" was the implantation of a permanent pacemaker. On June 16, 1993, Meche had a "metronic" pacemaker attached to the right ventricle and right atrium of his heart. The City of Crowley paid Meche full salary during the time that he was unable to work. However, on November 18, 1993, Risk Management Inc., the defendant's worker's compensation carrier, notified Meche that continued coverage for worker's compensation benefits and medical expenses was denied because "Sic[k] Sinus Syndrome has nothing to do with a d[i]sease or infirmity of the heart." Subsequently, Meche filed a claim for benefits against the defendant, requesting reimbursement for medical bills incurred for the installation of the pacemaker.

A hearing on the merits was held on December 6, 1995. At the start of the hearing, the parties stipulated that, subsequent to defendant's denial of reimbursement of medical expenses and the filing of the claim for compensation, all medical expenses related to Meche's condition had been paid with the exception of the fee charged by Dr. Charles B. Woodard, a consulting cardiologist.

On February 29, 1996, the hearing officer ruled that Meche's condition was not workrelated, and, therefore, the City of Crowley was not obligated to reimburse the employee for medical expenses incurred as a result. In reaching this decision, the hearing officer determined that "sick sinus syndrome" was not a disease or infirmity of the heart which would render La.R.S. 33:2581 (commonly referred to as the Heart and Lung Act) applicable. As a result, the Heart and Lung Act's *699 statutorily created prima facie presumption, which provided that a disease or infirmity of the heart or lungs suffered by a firefighter after the first five years of service was workrelated, was not applied. Accordingly, the hearing officer determined that Meche, without the benefit of the presumption, was not entitled to benefits under worker's compensation law because he had not proven that his condition, which was of unknown etiology, was causally related to his employment.

Meche appeals from that ruling and asserts that the hearing officer erred in finding that "sick sinus syndrome" was not a disease or infirmity of the heart, and, as such, he was entitled to the prima facie presumption that his condition was work-related, as provided for in La.R.S. 33:2581. Accordingly, Meche contends that he was entitled to benefits under worker's compensation law[1] because his heart condition is deemed to be workrelated, unless the employer is able to prove that the condition is not work-related.

LAW

Our initial inquiry requires us to determine if the hearing officer was manifestly erroneous in her determination that "sick sinus syndrome" was not a disease or infirmity of the heart.

The compensability of a heart disease or infirmity in firefighters is determined pursuant to the Heart and Lung Act, La.R.S. 33:2581, which provides as follows:

Any disease or infirmity of the heart or lungs which develops during a period of employment in the classified fire service in the state of Louisiana shall be classified as a disease or infirmity connected with employment. The employee affected, or his survivors, shall be entitled to all rights and benefits as granted by the laws of the state of Louisiana to which one suffering an occupational disease is entitled as service connected in the line of duty, regardless of whether the fireman is on duty at the time he is stricken with the disease or infirmity. Such disease or infirmity shall be presumed, prima facie, to have developed during employment and shall be presumed, prima facie, to have been caused by or to have resulted from the nature of the work performed whenever same is manifested at any time after the first five years of employment.

The Louisiana Legislature, by enacting the Heart and Lung Act, established the prima facie presumption that a disease or infirmity of the heart manifesting itself after the first five years of employment: (1) developed during employment; and, (2) was caused or resulted from the nature of the work performed. Therefore, when the above preconditions are met, the burden of proof shifts to the employer to show that the claimant's heart disease or infirmity was not caused by his employment as a fireman. Vincent v. City of New Orleans, 326 So.2d 401 (La.App. 4 Cir.1975), writ denied, 329 So.2d 760 (La.1976). The fourth circuit, in Vincent, stated:

By providing that the "disease is presumed prima facie, to have developed during the employment," the legislature did, we believe, effectively shift the burden of proof to the employer who became obliged to prove the lack of causation between the disease and the employment. This shifting of the burden of proof obviously imposes an onerous task upon the employer, but this was, we believe, intended by the legislature. Our reading of the statute convinces us that a rebuttable presumption exists that the nature of the work caused the disease. Accordingly, the employer bears the difficult burden of proving otherwise and unless affirmative proof is adduced to prove a lack of causation which is, admittedly, very difficult, then the presumption requires that the disabled fireman be entitled to coverage under the Act.

Id. at 403.

Additionally, the fourth circuit, in that case, noted on rehearing that "[t]hough [the employer's burden] is termed rebuttable it is, in fact, almost impossible to rebut. The City is placed in the difficult position of being obliged to prove a negative—i.e., [the employee's] heart disability could not have resulted from his service as a firefighter." Id. *700 at 405. See also Vallelungo v. City of New Orleans, 95-0264 (La.App. 4 Cir. 5/1/96); 673 So.2d 1292; McCoy v. City of Shreveport Fire Department, 26,181 (La.App. 2 Cir. 1/25/95); 649 So.2d 103.

Although the Heart and Lung Act is not specifically incorporated within the Worker's Compensation Act, La.R.S. 23:1021, et seq., the courts have found it applicable to worker's compensation cases. Saling v. City of New Orleans, 398 So.2d 1205 (La.App. 4 Cir.), writ denied, 401 So.2d 986 (La.1981). Once a condition is found to exist as defined in La.R.S. 33:2581, the applicability of Title 23 of the Louisiana Revised Statutes is resolved.

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Bluebook (online)
688 So. 2d 697, 96 La.App. 3 Cir. 577, 1997 La. App. LEXIS 162, 1997 WL 55377, Counsel Stack Legal Research, https://law.counselstack.com/opinion/meche-v-city-of-crowley-fire-dept-lactapp-1997.