Quillin v. Calcasieu Marine Nat. Bank

690 So. 2d 802, 96 La.App. 3 Cir. 685, 1996 La. App. LEXIS 2925, 1996 WL 709730
CourtLouisiana Court of Appeal
DecidedDecember 11, 1996
Docket96-685
StatusPublished
Cited by7 cases

This text of 690 So. 2d 802 (Quillin v. Calcasieu Marine Nat. Bank) 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
Quillin v. Calcasieu Marine Nat. Bank, 690 So. 2d 802, 96 La.App. 3 Cir. 685, 1996 La. App. LEXIS 2925, 1996 WL 709730 (La. Ct. App. 1996).

Opinion

690 So.2d 802 (1996)

Helen QUILLIN, Plaintiff-Appellant,
v.
CALCASIEU MARINE NATIONAL BANK, Defendant-Appellee.

No. 96-685.

Court of Appeal of Louisiana, Third Circuit.

December 11, 1996.
Rehearing Denied February 20, 1997.

Thomas Allen Filo, Lake Charles, for Helen Quillin.

Mark Alan Watson, Alexandria, for Calasieu Marine National Bank.

Before YELVERTON, WOODARD and AMY, JJ.

*803 YELVERTON, Judge.

This workers' compensation appeal is from a claim for benefits asserted by Helen Quillin and rejected by the Administrative Hearing Officer. Quillin claims to have sustained a mental injury resulting from work-related stress while in the course and scope of her employment with Calcasieu Marine National Bank. The hearing officer found that no accident had occurred and dismissed. We affirm.

FACTS

Quillin went to work for Calcasieu Marine in 1989 as an audit clerk. In June 1994, when the events occurred giving rise to this lawsuit, she was working in retail administration. Her duties included going to each branch and checking the safe deposit boxes to make sure the bank had all the keys for the boxes that were not rented, ensuring that all the boxes had signature cards and contracts, ensuring that no one else was entering the boxes, confirming that the bank had requests for new keys for new boxes, and guaranteeing that the unclaimed boxes were drilled.

On Friday, June 3, 1994, Quillin discovered that one of the employees, Margaret Sweet, had a key to a customer safe deposit box. The key had been passed down from a previous employee. Employees were supposed to have keys only to the safe deposit boxes that the bank used for business. After some investigation, Quillin could find neither a signature card nor a contract indicating whether the box had been closed or was still being rented. Quillin notified her supervisor, Vickie Long, who proceeded to help investigate the matter. They looked in the boxes where keys for unrented boxes are kept, but they could not find the second key which would indicate that the box had been closed. A computer print-out revealed the name of the customer who had rented the box. Quillin wanted to contact the customer right then. Long decided she would first talk to Steve Landry, chief head auditor for Calcasieu Marine, about the situation.

After this, Quillin began to believe that people were talking about her in connection with the situation. She worried about it all weekend. When Quillin went back to work the next week, she again approached Long with the thought that they should contact the customer. However, on Wednesday, Long told Quillin that Landry, the chief head auditor, wanted them to open the safe deposit box. Quillin claimed that that message really upset her because she thought it was illegal to open the customer's box. As Quillin, Long, and Sweet proceeded to go open the safe deposit box, Quillin stopped and refused, because the customer had not been contacted. Long told her to go back upstairs. Quillin became very upset and started crying and throwing up. On Friday, Quillin suffered a heart attack and was hospitalized.

Sweet, who no longer works for Calcasieu Marine, testified that they found the second key. This was verified by Long. Both of these ladies testified that Quillin was present when the second key was found. Having both keys in their possession meant that the safe deposit box was closed and it was alright to open the box.

Quillin found out in 1992, before her heart attack in 1994, that she had coronary artery disease. She had a left heart catheterization in 1992, and a directional atherectomy, heart catheterization, and bypass surgery in 1993. She is not making a claim for workers' compensation benefits as a result of the heart attack she suffered after the safe deposit box incident.

What Quillin is claiming is that the incident that began on June 3, 1994, with her discovery/belief that Margaret Sweet wrongfully had a key to a customer safe deposit box caused a mental injury and disability which is compensable under La.R.S. 23:1021(7)(b). She claims that the hearing officer erred in finding that the incident did not constitute an "accident" within the meaning of the workers' compensation laws. In the alternative Quillin claims that the hearing officer erred in finding that an "accident" is required as a prerequisite to compensability under La.R.S. 23:1021(7)(b).

MENTAL INJURY

The appropriate standard for appellate review in workers' compensation cases is *804 the "manifest error-clearly wrong" standard. Alexander v. Pellerin Marble & Granite, 93-1698 (La.1/14/94); 630 So.2d 706. The hearing officer found that the only accident which occurred was in Quillin's mind. Quillin felt that only one key had been located and that bank policy was being violated. The hearing officer found that there were two keys and that bank policy had not been violated. The hearing officer refused to apply a subjective standard to find that an accident had occurred.

La.R.S. 23:1021(7)(b) concerning mental injury caused by mental stress reads as follows:

Mental injury or illness resulting from work-related stress shall not be considered a personal injury by accident arising out of and in the course of employment and is not compensable pursuant to this Chapter, unless the mental injury was the result of a sudden, unexpected, and extraordinary stress related to the employment and is demonstrated by clear and convincing evidence.

This court thoroughly discussed this statute and the requirements for proof in Lewis v. Beauregard Memorial Hosp., 94-318 (La. App. 3 Cir. 11/2/94); 649 So.2d 655. We pointed out that La.R.S. 23:1031 allows recovery for compensation benefits for any "employee not otherwise eliminated from benefits," who suffers "personal injury by accident arising out of and in the course of employment...." We also explained that the definition of accident was not changed by the addition of La.R.S. 23:1021(7)(b).

A review of La.R.S. 23:1021(7)(b) clearly establishes that it requires a "personal injury by accident...." The legislature did not abandon the "accident" requirement when it added this provision in 1989.

An "accident" is defined as "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." La.R.S. 23:1021(1).

The "event" which triggers coverage, then, may be an unexpected and sudden or violent occurrence which causes injury, or it may be an unexpected change in the employee's physical condition which renders him incapable of working, a change caused at least in part by an employment incident.

Sparks v. Tulane Med. Ctr. Hosp. & Clinic, 546 So.2d 138, 143 (La.1989) [citing Malone & Johnson, 13 Louisiana Civil Law Treatise, Workers' Compensation, § 214 (1980 & 1989 Supp.)]; Lewis, 649 So.2d 655.

We are aware of another case handed down by this court, Henry v. Gulf Coast Cas. Ins. Co., 95-241 (La.App. 3 Cir. 1/31/96); 670 So.2d 307, and cited by Quillin for the proposition that the statute contemplates only a showing of work-related sudden, unexpected, or extraordinary stress and that such showing shall be considered a "personal injury by accident" under the Workers' Compensation Act.

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Cite This Page — Counsel Stack

Bluebook (online)
690 So. 2d 802, 96 La.App. 3 Cir. 685, 1996 La. App. LEXIS 2925, 1996 WL 709730, Counsel Stack Legal Research, https://law.counselstack.com/opinion/quillin-v-calcasieu-marine-nat-bank-lactapp-1996.