Rowland v. Continental Oil Co., Inc.

374 So. 2d 734
CourtLouisiana Court of Appeal
DecidedOctober 26, 1979
Docket7102
StatusPublished
Cited by6 cases

This text of 374 So. 2d 734 (Rowland v. Continental Oil Co., 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
Rowland v. Continental Oil Co., Inc., 374 So. 2d 734 (La. Ct. App. 1979).

Opinion

374 So.2d 734 (1979)

Doris Kay ROWLAND, Plaintiff and Appellant,
v.
CONTINENTAL OIL COMPANY, INC., Defendant and Appellee.

No. 7102.

Court of Appeal of Louisiana, Third Circuit.

August 23, 1979.
Writ Refused October 26, 1979.

*735 Glusman, Moore, Lopez & Wilkinson, G. Thomas Arbour, Baton Rouge, for plaintiff and appellant.

Jones, Patin, Tete, Nolen & Hanchey, William T. McCall and Gregory P. Massey, Lake Charles, for defendant and appellee.

Before CULPEPPER, WATSON and FORET, JJ.

CULPEPPER, Judge.

This workmen's compensation suit for death benefits was filed by Doris Kay Rowland, the surviving widow of Almer G. Rowland, Sr. He died as the result of a heart attack suffered while working as a guard at defendant's plant on April 14, 1976. The trial court concluded that plaintiff did not carry her burden of proving that the accident, i. e., the cardiac arrest on April 14, 1976, was causally related to Mr. Rowland's employment activities. From a judgment dismissing her suit, plaintiff appealed.

The issues on appeal are: (1) Did the trial judge err in holding that plaintiff has the *736 burden of proving the accident (the fatal heart attack) was work-related? (2) Did the trial court err in finding as a fact that Mr. Rowland's heart attack had no causal connection with his employment activities?

The following factual findings appear in the written reasons of the trial judge:

"At the time of his death, Mr. Rowland was working the day shift, that is, from 7:00 A.M. to 3:00 P.M. Decedent arrived at his place of employment shortly before 7:00 A.M. At approximately 7:15 or 7:20 A.M. (the exact time could not be determined) Mr. Rowland was alone in the guard shack seated at his desk talking on the telephone when he was observed slumping over and falling to the floor. The first aid department was nearby and the nurse was quickly summoned as was Mr. William Harry Wilson, plant security supervisor, the person to whom Mr. Rowland was responsible. The nurse and Mr. Wilson found Mr. Rowland unconscious, lying on his back on the guardhouse floor either dead or near death. He was immediately rushed to the emergency room at St. Patrick's Hospital. The hospital records reveal that Mr. Rowland was brought into the emergency room at 7:55 A.M. unconscious without a heart beat and not breathing. Emergency measures were started. Multiple de-fibrillations were done and the patient's heart beat returned to normal, but he remained unconscious. Subsequently, it was determined Mr. Rowland had suffered irreversible brain damage and he succumbed ten (10) days later on April 24, 1976 without regaining consciousness. According to the death summary in the hospital records, the final diagnosis was: 1) coronary heart disease—with cardiac arrest, [and] 2) irreversible brain damage secondary.
"Dr. David Buttross, Jr., a specialist in the field of internal medicine and cardiology, testified that he had treated decedent when Mr. Rowland experienced a severe myocardia infarction in July of 1957. At that time he was hospitalized and later discharged on August 1, 1957.
"Prior to his cardiac problem, Mr. Rowland was a regular plant worker within the Continental Refinery. [H]owever, when he returned to work on November 21, 1957 he took a position as a plant guard because the work would be less strenuous.
"Mr. Rowland had another myocardia infarction in 1960. Although this episode also required hospitalization, he recovered and returned to work without further difficulty until 1971 when he experienced chest pains. He was admitted to the hospital on this occasion and after being asymptomatic for six (6) days, he was discharged. Dr. Buttross gave the patient routine annual examinations in May of 1975 and on February 10, 1976. He found Mr. Rowland to be free of complaints and feeling well.
"Dr. Buttross testified that the usual cause of cardiac arrest is heart disease. The disease can be aggravated by such things as smoking, obesity, hypertension (high blood pressure) and unusual stress, whether the stress be due to extreme excitement, worry, anxiety or physical causes.
"It was shown that Mr. Rowland had worked some overtime the preceding week but in Dr. Buttross' opinion this did not affect the cardiac arrest. Dr. Buttross did say, however, had Mr. Rowland worked overtime for thirty (30) days in a row, this could cause him to be in a state of stress.
"While Dr. Buttross stated that this heart attack could have happened at any time at any place, the Court is cognizant that this fact of itself would not defeat recovery.
"It was shown that decedent's step-son was having a personal problem at the time and this caused Mr. Rowland some concern. It was also shown that Mr. Rowland smoked one and a half packs of cigarettes each day. Dr. Buttross stated that the smoking, concern over the stepson and prior overtime would have the effect of increasing the risk factor.
"Dr. Buttross was asked if the employment caused or precipitated Mr. Rowland's heart attack and he replied he did not think so."

*737 To this summation we add the following facts, which are emphasized by plaintiff. The record shows that Mr. Rowland had worked a total of 109 hours overtime from the first of January, 1976, until the date of his death. These overtime hours were accumulated during this three-month period in which Mr. Rowland actually worked overtime on 35 days. These 35 overtime working days were spread out over the three-month period, with Mr. Rowland having worked the heaviest schedule of seven days in a row from March 11 to March 17. We also note that the deceased worked 11 hours of overtime in the three days prior to his death.

BURDEN OF PROOF

Plaintiff contends recent cases from our Supreme Court, particularly Leleux v. Lumbermen's Mutual Insurance Company, 318 So.2d 15 (La.1975) and Haughton v. Fireman's Fund American Insurance Companies, 355 So.2d 927 (La.1979), hold that where an employee suffers an accident while at work it is presumed to be work-related, and the employer has the burden to prove it is not. We do not agree.

It is now well established by our jurisprudence that a heart attack is an "accident" and "injury" within the meaning of the definitions in LSA-R.S. 23:1021(1) and (7). It is also well established that a heart attack is causally related to the employment if caused or precipitated by the usual and customary work activities. See Roussel v. Colonial Sugars Company, 318 So.2d 37 (La.1975), which presented issues similar to those in the present case.

As in Roussel, there is no question that the heart attack suffered by the decedent in the present case was an "accident" and an "injury" within the meaning of our workmen's compensation law. However, as in Roussel, there is a question as to whether the heart attack was causally related to the decedent's employment. On this issue, the court in Roussel makes it clear that the claimant has the burden of proving that the heart attack was caused by the employment activities. The court stated:

[1] In order to recover death benefits under the Louisiana Workmen's Compensation Act, plaintiff must establish that her husband received a personal injury by accident arising out of and in the course of his employment. La.R.S. 23:1031.

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Bluebook (online)
374 So. 2d 734, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rowland-v-continental-oil-co-inc-lactapp-1979.