Romero v. Otis Intern.

343 So. 2d 405
CourtLouisiana Court of Appeal
DecidedMarch 4, 1977
Docket5784
StatusPublished
Cited by8 cases

This text of 343 So. 2d 405 (Romero v. Otis Intern.) 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
Romero v. Otis Intern., 343 So. 2d 405 (La. Ct. App. 1977).

Opinion

343 So.2d 405 (1977)

St. Cyr ROMERO, Plaintiff-Appellee,
v.
OTIS INTERNATIONAL and Travelers Insurance Company, Defendants-Appellants.

No. 5784.

Court of Appeal of Louisiana, Third Circuit.

March 4, 1977.

*406 Caffery, Duhe & Davis by J. Louis Gibbens, New Iberia, for defendants-appellants.

William R. Collins, New Iberia, for plaintiff-appellee.

Before HOOD, CULPEPPER and GUIDRY, JJ.

HOOD, Judge.

This is a workmen's compensation suit instituted by St. Cyr Romero against Otis International and its insurer, Travelers Insurance Company. Judgment was rendered by the trial court in favor of plaintiff, awarding him compensation benefits at the maximum rate during his disability, not to exceed 500 weeks. Defendants appealed.

The issues presented are (1) whether plaintiff's disability resulted from an accident as that term is used in the workmen's compensation statute, (2) whether there was a causal relationship between plaintiff's employment and his present disability, and (3) whether plaintiff is totally and permanently disabled.

Plaintiff contends that he sustained an injury, consisting of a hearing loss caused by acoustic trauma, on February 17, 1975, while working for Otis International, and that as a result of that accident he is now totally and permanently disabled.

Romero was about 61 years of age at the time of his injury. He had worked as a finishing carpenter for Otis International for a period of about 18 months before the alleged accident occurred. Otis at that time was engaged in constructing modular living quarters for the United States Air Force. These living quarters were self-contained units, each of which was designed to house two men. Plaintiff's primary job was to do finishing carpentry work on the units, which included the installation of sheet rock, windows, doors and other trim work. The construction work was performed inside of a large building where it was estimated that as many as 50 units were worked on at one time. The finishing carpentry work took place in a different part of the building from that in which the units were assembled.

On or about February 2, 1975, plaintiff was directed by his supervisors to discontinue his finishing carpentry work on the modular units and to begin assisting other employees in the assembly of those units, which included making the frames and attaching the floors and walls to the frames. His new duties required him to move to a different place in the building and to use an air hammer, a mechanical device which shoots nails into wood by the use of air pressure generated by an electric motor. When an air hammer is operated it makes a loud noise which sounds like the firing of a shotgun. The evidence indicates that the noise is not as loud as that made by the firing of a shotgun, but it is greater than the noise made by the firing of a .22 rifle.

Prior to February 2, plaintiff was required only occasionally to use an air hammer, and his work did not require him to be in the immediate vicinity of places where that type of tool was used. At his new position, however, he was required to use air hammers a substantial part of every day, and it was necessary for him to work inside the modular units with others who also were using the same type tools. The units which were being assembled were located about 4 feet apart inside the large building, and plaintiff was required to do most of his assembly work inside the relatively small units. The working conditions and the close proximity of the units being assembled were such that the noise from the use of the air hammers was very loud. From February 2 until February 17, 1975, *407 plaintiff worked about 12 hours per day at this new position.

Romero reported to work as usual on the morning of February 17, 1975, and at about 9:00 A.M. on that date, while working with an air hammer on the above units, he suddenly began to feel ill, nauseated and dizzy, and he developed a headache. He reported his condition to a plant supervisor who gave him two aspirins and directed him to leave work and to go to a doctor for a medical examination. Plaintiff thereupon consulted his family physician, and thereafter he was examined and treated by other doctors.

Plaintiff testified that prior to February 17, 1975, he had always worked regularly, working long hours almost every day. He stated that he had never had any trouble with his hearing or with dizziness, that he was never bothered with noises or the sound of electric saws, and that he had never experienced difficulty in climbing ladders or working at heights. He testified that from and after February 17, he has had difficulty in hearing, that he cannot stand loud noises or the sound of electric saws, that he experiences dizzy spells frequently and particularly when he hears loud noises, and that he is unable to climb on ladders or to work at heights because of his frequent dizzy spells. He stated that he has tried to resume carpentry work on five or six occasions, but that he has been unable to do so, and that he has not been employed at any time since February 17, 1975.

The lay evidence establishes that Romero was a good worker prior to February 17, 1975, that he worked regularly up to that time, and that he never complained of any trouble with his hearing or with dizziness or loud noises. Since that time, he has complained frequently of noises and dizziness, he appears to get very irritated when loud noises occur, and he often gets dizzy spells. He has not worked since the last mentioned date.

Plaintiff was examined by his family physician, Dr. Burleigh, on February 17, the day on which he first experienced the above symptoms. Dr. Burleigh suspected that plaintiff had a heart condition, and he thereupon referred him to Dr. Burt Bujard, a heart specialist. Dr. Bujard determined that plaintiff's condition resulted from an abnormal condition of his ears, rather than from a heart ailment, and he thereupon referred plaintiff to Dr. Clyde Landrum, an ear, nose and throat surgeon. Neither Dr. Burleigh nor Dr. Bujard testified at the trial.

Dr. Landrum examined Romero on February 24, one week after plaintiff allegedly became disabled. He found that plaintiff had sustained an acoustic trauma, resulting in a nerve damage to the inner ear and a sensory neural hearing loss in both ears. He felt, however, that plaintiff's hearing loss was not of recent origin, but that instead it had developed over a period of months or years. He conceded that it was "entirely possible" that Romero sustained the hearing loss on his job with Otis, but that "the likelihood of sustaining something in two weeks is not very great." Plaintiff did not complain to the doctor of dizziness at the time of the above examination. As we interpret Dr. Landrum's testimony, he feels that there was no causal relationship between plaintiff's employment and his present disability, although he agrees that there is a slight possibility that such a relationship could exist.

Dr. Lee J. Sonnier, an eye, ear, nose and throat specialist, examined and treated Romero from February 26 until May 10, 1975. He diagnosed plaintiff's condition as "bilateral sensori-neural hearing loss, caused by acoustic trauma." He felt that plaintiff had some acoustic hearing loss before February 17, 1975, but that the noise to which he was subjected during his employment by Otis aggravated his prior condition. The injury, according to Dr. Sonnier, caused plaintiff's loss of hearing and the dizziness he experiences.

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