Myles v. Printpack, Inc.

806 So. 2d 172, 2002 La. App. LEXIS 60, 2002 WL 83754
CourtLouisiana Court of Appeal
DecidedJanuary 23, 2002
DocketNo. 35,355-WCA
StatusPublished
Cited by2 cases

This text of 806 So. 2d 172 (Myles v. Printpack, Inc.) 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
Myles v. Printpack, Inc., 806 So. 2d 172, 2002 La. App. LEXIS 60, 2002 WL 83754 (La. Ct. App. 2002).

Opinion

h DREW, Judge.

Printpack appeals a judgment awarding Joel Myles temporary total disability benefits and medical expenses. Concluding that the WCJ was clearly wrong in finding that Myles’ occupation as a lab technician caused his ulnar nerve neuropathy, we reverse.

FACTS

Myles worked as a lab production technician at Printpack for approximately 13 years. Printpack processed polyethylene and polypropylene plastic film and other containers used for packaging, including plastic bags for food products such as potato chips. Myles’ position required him to perform various tests on these materials, which would come off the production floor to the lab in sheets. He normally worked an eight-hour shift, although he sometimes worked 12 hours a day if another lab employee was absent. Myles would take two ten-minute breaks during his shift.

Myles testified that his ulnar nerve neu-ropathy began with tingling in his right hand that grew worse until he was in so much pain that he went to an emergency room. He reported numbness and tingling in his right hand to Printpack personnel in August of 1998. On August 28, 1998, Dr. Sanjeevi Tivakaran performed an electro diagnostic evaluation of Myles which revealed bilateral ulnar mononeuropathies at or around the elbow, with the right more severe than the left.

On September 16, 1998, Myles met with Printpack supervisors to discuss his absenteeism. He had stopped working at that [174]*174time, and he had already missed 230.5 hours of work that year due to a health reason [^unrelated to his ulnar nerve neu-ropathy. According to Brenda Jackson, Myles’ supervisor, Myles’ job was in jeopardy at the time because of his excessive number of absences from work. Myles mentioned the pain in his right hand during the meeting. On September 25, 1998, Myles applied for short-term disability. He received short-term disability benefits of $11.56 per hour for 20 hours per week beginning September 11, 1998. Short-term disability was a benefit sponsored by Printpack at no cost to the employee; an employee was eligible to receive these benefits for six months. Myles’ eligibility expired around March 11,1999.

Myles was referred to Dr. Thomas Edwards for an orthopedic evaluation. On October 30, 1998, Dr. Edwards performed a decompression and transposition of the right ulnar nerve. Following the surgery, Myles progressed slowly according to Dr. Edwards. Dr. Edwards released Myles to return to work the following April. On April 9, 1999, Myles tendered his letter of resignation to Printpack.

Myles filed a disputed claim for compensation against Printpack on July 14, 1999. He alleged that he had been diagnosed with ulnar nerve neuropathy that was worse in the right elbow than in the left, and that he developed this condition due to the repetitive bending, flexion and extension of his elbow while performing his job duties at Printpack.

Following trial on the merits, the WCJ rendered judgment finding that the ulnar nerve neuropathy in Myles’ right elbow was caused by his work at Printpack, that he was disabled from September 2, 1998 to April 15, 1999, and accordingly, he was entitled to temporary total disability benefits of |o$302.98 per week during that period. The WCJ found that Printpack was entitled to an offset for the short-term disability benefits paid to Myles. Print-pack was ordered to pay Myles’ medical expenses relating to treatment of his ulnar nerve neuropathy. The WCJ denied Myles’ claim for penalties and attorney fees and Printpack’s motion to dismiss and exception of prescription.

On appeal, Printpack argues that the WCJ erred in finding that Myles’ right elbow ulnar nerve neuropathy was caused by his job. Printpack also contends that the WCJ erred in denying its exception of prescription, denying its motion for involuntary dismissal and in not permitting Printpack’s expert in occupational therapy to discuss her observations of Myles’ in-court demonstrations of his position or give an opinion about whether his job put him at risk for his injury.

DISCUSSION

Printpack contends that the WCJ erred in finding that Myles’ ulnar nerve neuropathy was caused by his position as a lab technician. Myles responds that the WCJ properly found that his job was repetitive and that his ulnar nerve neuropa-thy was caused by the repetitive motion of his job.

The factual findings of the WCJ are entitled to great discretion and will be reversed only on a showing of manifest error. Alexander v. Pellerin Marble & Granite, 93-1698 (La.1/14/94), 630 So.2d 706. To reverse a factfinder’s determination, the appellate court must find from the record that a reasonable factual basis does not exist for the finding of the trial court and Rthat the record establishes that the finding is clearly wrong. Stobart v. State through Dept, of Transp. and Development, 617 So.2d 880 (La.1993).

A claim for workers’ compensation benefits due to an occupational disease is gov[175]*175erned by La. R.S. 23:1031.1, which provides, in relevant part:

A. Every employee who is disabled because of the contraction of an occupational disease as herein defined, or the dependent of an employee whose death is caused by an occupational disease, as herein defined, shall be entitled to the compensation provided in this Chapter the same as if said employee received personal injury by accident arising out of and in the course of his employment.
B. An occupational disease means only that disease or illness which is due to causes and conditions characteristic of and peculiar to the particular trade, occupation, process, or employment in which the employee is exposed to such disease. Occupational disease shall include injuries due to work-related carpal tunnel syndrome. Degenerative disc disease, spinal stenosis, arthritis of any type, mental illness, and heart-related or perivascular disease are specifically excluded from the classification of an occupational disease for the purpose of this Section.
C. Notwithstanding the limitations of Subsection B hereof, every laboratory technician who is disabled because of the contraction of any disease, diseased condition, or poisoning which disease, diseased condition, or poisoning is a result, whether directly or indirectly, of the nature of the work performed, or the dependent of a laboratory technician whose death is the result of a disease, diseased condition, or poisoning, whether directly or indirectly, of the nature of the work performed shall be entitled to the compensation provided in this Chapter the same as if said laboratory technician received personal injury by accident arising out of and in the course of his employment.
As used herein, the phrase “laboratory technician” shall mean any person who, because of his skills in the technical details of his work, is employed in a place devoted to experimental study in any branch of the natural or applied sciences; to the application of scientific principles of examination, testing, or analysis by instruments, apparatus, chemical or biological reactions or other scientific processes for the purposes of the natural or applied sciences; to the preparation, usually on a | Rsmall scale, of drugs, chemicals, explosives, or other products or substances for experimental or analytical purposes; or in any other similar place of employment.

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Bluebook (online)
806 So. 2d 172, 2002 La. App. LEXIS 60, 2002 WL 83754, Counsel Stack Legal Research, https://law.counselstack.com/opinion/myles-v-printpack-inc-lactapp-2002.