Russell v. Employers Mutual Liability Insurance

160 So. 2d 261, 1964 La. App. LEXIS 1244
CourtLouisiana Court of Appeal
DecidedJanuary 9, 1964
DocketNo. 10097
StatusPublished
Cited by2 cases

This text of 160 So. 2d 261 (Russell v. Employers Mutual Liability Insurance) 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
Russell v. Employers Mutual Liability Insurance, 160 So. 2d 261, 1964 La. App. LEXIS 1244 (La. Ct. App. 1964).

Opinion

GLADNEY, Judge.

Plaintiff has appealed from a judgment rejecting his demands for workmen’s compensation. For a cause of action he alleges that while attempting to turn on an electrical switch to heat up the boilers at the place of business for his employer, Bird & Son, Inc., there was an electrical flash from the switch, which caused him severe shock and burns, after which he was hospitalized and treated. He alleges that as residuals to the electrical shock he suffers some severe adrenal damage resulting in a syndrome of weakness, asthenia, .hypertension and elec[262]*262trolyte imbalance, lower body temperature and easy susceptibility to disease and injury. In an excellently written opinion by the trial judge the evidence presented upon the trial of the case has been carefully analyzed and fully and accurately discussed. As pointed out in this opinion, the decision of the case turns upon whether, vel non, it has been proved by a preponderance of the evidence the plaintiff did in fact receive an electrical shock. The opinion reads:

“This is a suit by plaintiff against Bird & Son, Inc. and its workmen’s compensation insurance carrier, Employers Mutual Liability Insurance Company of Wisconsin, to recover workmen’s compensation at the maximum statutory rate for total and permanent disability, plus medical expense in the amount of $2,500, less that already paid, as well as statutory penalties and attorney’s fees.
“Plaintiff alleges that he was employed by the defendant, Bird & Son as slate man; that on or about August 3, 1960, at about 4:30 a. m., while attempting to turn on the electrical switch to heat up the boilers, which was in the course and scope of his employment, there was an electrical flash from the switch, causing severe shock and burns to his ears, inside of his mouth, back, and shoulders, left arm, neck, and right wrist, as well as his eyes; that he lost consciousness, and was taken to the P & S Hospital in Shreveport, Louisiana, and there treated by the company doctor, Dr. Jack E. Birdwell; that he was discharged from the hospital on or about August 5, without dressing of his burns; that he consulted Doctors J. P. and J. C. Sanders at Sanders Clinic in Shreveport, who dressed his wounds, and he returned to work on or about September 12, 1960; that he worked under difficulty, pain and inconvenience, requiring periodic absences for treatments and rest, and his condition gradually worsened to such an extent that he was dizzy, weak, and suffered blackout spells; that he sought treatment from Dr. Charles Walls of Springhill, and was hospitalized there for about one week, and that Dr. Walls referred him to Dr. Dan E. Russell, Shreveport, Louisiana, a specialist in internal medicine and cardiology, who, on or about July 5, 1962, recommended that plaintiff change his trade or occupation to less hazardous employment; that on July 19, 1962, while at work at his usual duties, at about 1:00 p. m., he suffered a blackout spell and was unconscious for an undetermined period of time; that the regular physician of his employer, Dr. Jack B. Bird-well, was called to the plant to administer treatment to him; that as residuals to his electrical shock, plaintiff suffers from severe adrenal damage, resulting in a syndrome of weakness, asthenia, hypertension, electrolyte imbalance, lowered body temperature, and easy susceptibility to disease and injury, all of which caused or contributed to his fainting spell of blackout on July 19, 1962, the earlier industrial trauma having an influence on his latest disability starting July 19, 1962; that either separately and independently, or in combination, plaintiff suffers total disability to perform his usual duties for his employer, or similar duties, as a result and consequence of injuries from the August 3, 1960 occurrence and the July 19, 1962 exhaustion ; the exhaustion on July 19, 1962 being pleaded alternatively if it be found that disability does not solely result from the August 3, 1960 injuries; that in the further alternative, as a result of injuries and physical consequences yet undetermined, either from his related occurrences herein or as a result of inhalation of gases and fumes from hot asphalt or ingredients handled in preparation of commercial shingles and other products, he is totally and permanently disabled to perform his usual duties and occupation, or similar type employment; further in the alternative, that he suffered a heat stroke or heat exhaustion on July 19, 1962, rendering him totally and permanently disabled to perform his usual or similar type employment; also that plaintiff suffered and sustained facial disfigurement and disfigurement of his back from his August 3, 1960 burns, in the form of keloids, which is permanent.
[263]*263“Defendants in their answer admitted the employment of plaintiff as a slate man, and that his work was hazardous under the Louisiana Workmen’s Compensation Act; that plaintiff received burns to his head, hack and arms, while in the course and scope of his employment on or about August 3, 1960, at about 4:30 a. m., and that he was taken to the P & S Hospital in Shreveport, Louisiana. Defendants also admitted that plaintiff was discharged from the P & S Hospital on or about August 5, 1960, and that he consulted Dr. J. P. Sanders, and that plaintiff returned to his work on or about September 12, 1960, continuing with his regular duties. Defendants also admitted that plaintiff had been under the treatment of Dr. Charles Walls of Spring-hill, Louisiana,' who referred him to Dr. Dan E. Russell of Shreveport, a specialist in internal medicine and cardiology, and also that Dr. Jack B. Birdwell did see and examine plaintiff at the plant of Bird & Son, Inc. on or about July 19, 1962.
“This case was tried on March 15 and 21, 1963. However, it was held open for the taking of the depositions of some of the doctors, and eleven of them have testified as to the injuries to this man.
“On April 16, 1963, defendants filed a plea of prescription, setting forth the fact that the suit was instituted on July 30, 1962 for workmen’s compensation benefits as a result of an accident which occurred on August 3, 1960, and suit not having been instituted within one year from the date of the accident, or the date upon which compensation payments were last made to plaintiff; that his right of action has prescribed under the provisions of LSA-R.S. 23:1208.
“In view of our conclusion on the merits of this case, we find it unnecessary to rule on the plea of prescription.
“As we have mentioned before, eleven doctors testified concerning their examinations of this plaintiff; seven of whom were called by the plaintiff, and four of whom were called by the defense.
“As every one of these doctors, with the exception of Doctor Birdwell and Doctor Rushing, who were the company doctors for Bird & Son, were informed by the plaintiff prior to their examination that he had been burned by electricity, from which they concluded that he had received an electrical shock, the testimony of all of plaintiff’s doctors is predicated upon this fact. And of course, without this fact being established, their opinion concerning the disability of the plaintiff is of no value.

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Related

Russell v. Employers Mutual Liability Ins. Co. of Wis.
169 So. 2d 82 (Supreme Court of Louisiana, 1964)
Russell v. Employers Mutual Liability Insurance Co. of Wisconsin
161 So. 2d 283 (Supreme Court of Louisiana, 1964)

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Bluebook (online)
160 So. 2d 261, 1964 La. App. LEXIS 1244, Counsel Stack Legal Research, https://law.counselstack.com/opinion/russell-v-employers-mutual-liability-insurance-lactapp-1964.