Rawls v. Dixie Drilling Co.

161 So. 2d 417, 1964 La. App. LEXIS 1398
CourtLouisiana Court of Appeal
DecidedFebruary 18, 1964
DocketNo. 1017
StatusPublished
Cited by5 cases

This text of 161 So. 2d 417 (Rawls v. Dixie Drilling Co.) 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
Rawls v. Dixie Drilling Co., 161 So. 2d 417, 1964 La. App. LEXIS 1398 (La. Ct. App. 1964).

Opinions

HOOD, Judge.

In this workmen’s compensation suit plaintiff contends that he is totally and [418]*418permanently disabled as the result of a skin infection sustained by him during the course of his employment. The suit was instituted against his employer, The Dixie Drilling Company, Inc., and its compensation insurer, American Insurance Company. After trial, judgment was rendered by the trial court in favor of plaintiff for maximum benefits based on total and permanent disability, and for penalties and attorney’s fees. Defendants have appealed.

Plaintiff worked on and around oil well drilling rigs for approximately 12 years prior to 1961. During the middle and latter part of that year he was employed by defendant, Dixie Drilling Company, as a “driller” in connection with the drilling of oil wells. In performing his duties as a “driller” he came into frequent and prolonged contact with caustic drilling mud and other chemicals used in drilling for oil.

In the early part of May, 1961, plaintiff developed a skin rash or infection on his arms. He received medical treatment immediately, but the rash generally became worse and he voluntarily left his employment on August 19, 1961, which was about three and one-half months after the rash first appeared. His skin condition completely cleared up by September 1, 1961, or about 12 days after he discontinued his employment, and the rash has never reappeared. Since leaving that employment in August, 1961, plaintiff has never returned to work as a driller, and he has never done any work which has required him to come in contact with drilling mud or other chemicals used in drilling oil wells.

During, the 12-year period immediately prior to May, 1961, while plaintiff worked regularly on oil well drilling rigs, it was necessary for him to, come into frequent and prolonged contact with a number of different-types' of drilling muds and chemicals used in those operations. At. or about the time this skin rash developed, a new or different kind of chemical, known as “black magic,” was added to the drilling mud which was being used on the well on which-plaintiff was working. Plaintiff had never worked with this “black magic” chemical before except “very little, in California.” The employer, however, obviously realizing that some ill effects might result from prolonged contact with caustic drilling muds, provided two shower baths and other facilities at the site of the drilling operations for the use of employees in removing either black magic or other kinds of drilling fluids from their bodies.

Plaintiff continued to work seven days per week, without a single day off, from the time the rash first appeared in May, until he left his employment on August 19, 1961. Although the rash “cleared up” or - “subsided” to some extent during the last month of his employment, it did not completely disappear until a few days after he left the job. At the time of the trial plaintiff had no rash or skin irritation of any kind. He testified that he was fully capable of doing the same type of work which he had been performing on and around drilling rigs, but he felt that if he did so the skin rash would reappear.

The trial court concluded that plaintiff had suffered a contact dermatitis while performing duties as a driller for defendant, and that he is totally and permanently disabled from performing the usual and customary duties of his employment. Defendants, in contending that the trial court erred, argue that the evidence fails to establish: (1) that there existed a causal relationship between plaintiff’s employment and his alleged skin condition, and (2) that plaintiff is totally and permanently disabled.

The evidence shows that plaintiff consulted his family physician, Dr. Dennis W. Sullivan, a general practitioner, on May 6, 1961, shortly after the skin rash first appeared. The doctor observed at that time that plaintiff had lesions and a rash on both of his arms. He gave plaintiff some medication, including cortiscosporan lotion, to apply to the affected area. He next saw plaintiff on June 10 or 11, 1961, at which time he found the skin condition on his arms -to be [419]*419somewhat worse. He treated plaintiff but the condition of his skin continued to get worse until sometime in July, 1961, when the doctor felt that plaintiff was disabled. At that time both arms were swollen and infected, there were lesions on them which were open and raw and plaintiff had fever. About five days later, however, the skin condition “had cleared up; that is, it had subsided,” although plaintiff still continued to have a skin irritation on his arms. Dr. Sullivan last treated plaintiff on August 19, 1961, at which time the skin irritation was present, although “there was no severe inflammation.” He diagnosed plaintiff’s condition as a “chronic contact dermatosis” which was “probably due to chronic, prolonged exposure to contact with drilling mud.”

Plaintiff later was examined by four other doctors, one of whom was a general practitioner and three of whom were dermatologists. Some of these experts felt that the rash on plaintiff’s arms was caused by his contact with the drilling ■mud or chemicals used on the drilling rig where he worked, while others felt that the skin irritation was not caused by the mud or ■chemicals. We find no error in the conclusion reached by the trial judge that plaintiff’s skin rash was caused by his ■exposure to some type of drilling mud or ■chemical used in the drilling operations where plaintiff was employed at the time the rash appeared.

The next and most serious question presented, however, is whether plaintiff’s skin condition is of such a nature that it permanently and totally disables him from performing his duties as a driller in the oil and gas industry. The answer to that question depends upon whether the skin rash, the dermatosis or dermatitis has become chronic, that is, whether it will reappear if plaintiff resumes his employment as a driller, where it will be necessary for him to come into frequent and prolonged contact with the drilling muds and chemicals .ordinarily used iij drilling oil wells.

Dr. Sullivan, the original treating physician, testified that in his opinion “occurrences and exacerbations will occur if a patient continues in his present duties; that is, if continued exposure to offending contact agents is continued.” However, when asked why he had failed to send in a medical report sought by defendant, he replied, “because my results were inconclusive — inconclusive—a hundred percent inconclusive.”

Dr. Edward E. Jordan, a general practitioner, examined plaintiff in late September or early October of 1961. Plaintiff’s skin condition had completely cleared up before that examination was made, but based upon a review of plaintiff’s history and an examination of the scars on his arms Dr. Jordan testified that plaintiff’s rash “was probably an allergy” and “that he was allergic to this particular mud.” He expressed the opinion that if plaintiff returned to the same type of employment and came into contact with “the same drilling mud,” he “would get that — I believe he is allergic to the stuff.” He stated, however, that “in order to find out what he is allergic to * * * you have to take a number of tests there — ninety-five or a hundred, maybe.”

We note that the history given to Dr. Jordan and on which he apparently based his opinion was that plaintiff had stopped working after the rash first appeared, that the rash then cleared up but that it reappeared after plaintiff returned to work. Plaintiff’s own testimony shows that this was not the case.

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Bluebook (online)
161 So. 2d 417, 1964 La. App. LEXIS 1398, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rawls-v-dixie-drilling-co-lactapp-1964.