Sanders v. Mid-South Trucking, Inc.

458 So. 2d 988, 1984 La. App. LEXIS 9772
CourtLouisiana Court of Appeal
DecidedOctober 31, 1984
DocketNo. 16537-CA
StatusPublished
Cited by1 cases

This text of 458 So. 2d 988 (Sanders v. Mid-South Trucking, 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
Sanders v. Mid-South Trucking, Inc., 458 So. 2d 988, 1984 La. App. LEXIS 9772 (La. Ct. App. 1984).

Opinion

MARVIN, Judge.

In this worker’s compensation action, the employer appeals a judgment awarding benefits for total and permanent disability, contending that the claimant did not sustain an “accident”- within the meaning of the law and that if claimant’s disability from complications arising after surgery to correct a peptic ulcer is legally related to an admitted accident the employee sustained in 1978, the claims have prescribed. LRS 23:1031, 1209.

The claimant also appeals, contending that the trial court erred in allowing the employer to offset workers’ compensation benefits by the disability benefits that the claimant is eligible to receive under the social security law. 42 U.S.C.A. § 423, LRS 23:1225.

The thrust of claimant’s case is that pain from on-the-job back injuries dating from 1978 and the mental and physical strain of his job as a truck driver thereafter caused his ulcer to become aggravated and to require surgical correction on March 3, 1982. About six or seven weeks later, claimant’s liver abscessed and caused him to become critically ill and eventually disabled.

Following the lead of each counsel who couched their respective argument in terms of whether claimant suffered personal inju[989]*989ry by accident within the meaning of LRS 23:1021, 1031, the trial judge declared that he must find claimant disabled under the holding of Parks v. Insurance Company of North America, 340 So.2d 276 (La.1976); and McCoy v. Kroger Company, 431 So.2d 824 (La.App. 2d Cir.1983).1

Parks and McCoy are among the many cases liberally interpreting the statutory definition of accident, but which, on careful analysis,2 hold that a claimant’s burden, of proving an accident may be greatly relaxed only where he meets his burden of proving the causal connection between the job activity and the disabling injury or disease. Malone-Johnson, §§ 213-220. Malone-Johnson cautions that

“Such cases should not be regarded as dispensing with the requirement that the claimant establish some causal link between the employment and the disabling event. There are still instances of proper denial of compensation where this burden is not discharged by the plaintiff.” § 215, p. 442.

That authority also observes that even though the trend of the many cases involving a claimant who is particularly susceptible to disability because of a pre-existing disease or condition is to favor coverage under the act, “it still must be established that the accident played some causal role in aggravating that condition_ [Compensation is properly denied when it does not appear that some work incident did in fact render the pre-existing condition worse.” § 232, p. 495. See also Malone-Johnson, § 261, as supplemented 1984.

Our review of the many eases, all of which are either or both cited and discussed in Malone-Johnson, leads us to generally conclude that the burden of proof of a claimant in a worker’s compensation case, who is predisposed to a disabling injury or disease, may be met in two ways: If the claimant suffers an incident or accident in the traditional sense where there is a symptomatic failure of a bodily organ or member, he is entitled to the conditional presumption that

“[His] disability is presumed to have resulted from an accident, if before the accident the injured person was in good health, but commencing with the accident the symptoms of the disabling condition appear and continuously manifest themselves afterward, provided that the medical evidence shows that there is a reasonable possibility of causal connection between the accident and the disability.” § 232, p. 492. See also Robertson v. Scanio Produce, 449 So.2d 459 (La.1984).

In this first situation, the occurrence of the incident or accident considerably relaxes the claimant’s burden of proving the causal connection between the accident and the disability. If the claimant, in a second situation, is not able to point to a single incident or accident in the traditional sense, but is able to show more probably than not that repeated trauma and strain peculiar to his job caused his disability, this showing considerably relaxes the claimant’s burden of proving an accident in the traditional sense. See also Larson, The Law of Workmen’s Compensation, § 13.11.

This claimant urges that he succeeds in both ways. Not agreeing, we reverse and render judgment rejecting claimant’s demands. In the first instance, if the disability be traced to the slip and fall accident or incident on or before February 9, 1978, his claims arising out of that accident have prescribed. LRS 23:1209. In the second instance, and as we shall demonstrate, even viewing the evidence most favorably toward him, claimant has not borne his burden of proving that repeated trauma and strain peculiar to his job caused his disability.

FACTS

Claimant, who was 56 years old at the time of the trial, worked for Mid-South as a truck driver from 1974 until he was disabled in 1982. He drove tractor-trailer rigs [990]*990hauling sand and gravel approximately 60 hours a week when work was available.

Claimant said he suffered a slipped lumbar disc in 1954 but that this injury had healed completely before he went to work for Mid-South in 1974. He testified that on February 9, 1978, he slipped on ice and fell and hurt his back while working. He told his witness, Dr. McCutcheon, that this accident occurred February 9, 1977. He reported the accident to his employer but stated that he was not injured in the fall. He explained that he did not report an injury because he was afraid of losing his job. Mid-South’s records show that the slip and fall occurred January 30, 1978.

Claimant also made repeated complaints to doctors and to co-workers about stomach problems and ulcers for more than a decade before he began work for Mid-South. His co-workers at Mid-South denied that claimant complained to them about back problems. He saw a Dr. Gallagher in the 1950’s complaining of “pain and burning” in his stomach. He complained to his daughter about his stomach problems. He testified that the pain in his stomach worsened about six months after he slipped and fell on the ice and hurt his back. He said he began drinking daily a half-pint to a pint of whiskey mixed with milk and taking over-the-counter drugs to ease his stomach and back pain beginning in 1978. Sometime after 1978 he said he hurt his back again while driving a cement mixer for a short while and when raising or lowering the hood of one of Mid-South’s trucks. He also said that he hurt his back in 1982 while helping change a tire on a Mid-South truck a few weeks before he went into the hospital. The witnesses who changed the tire and whom claimant named and said he told about hurting his back squarely denied that claimant said anything about hurting his back. The only significant accidents involving claimant in the employer’s records concerned a shoulder injury on August 13,1976, and the slip and fall on ice on January 30, 1978.

On February 25, 1982, claimant told Mid-South employees that he needed some vacation time to allow him to enter the hospital for his stomach problems. He did not complain of any back problems or work-related difficulty.

On March 2, 1982, Dr. Wallace Brown, a Shreveport surgeon, caused claimant to be admitted to the hospital for treatment of “peptic ulcer disease.” The written history Dr.

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Related

Sanders v. Mid-South Trucking, Inc.
461 So. 2d 317 (Supreme Court of Louisiana, 1984)

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458 So. 2d 988, 1984 La. App. LEXIS 9772, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sanders-v-mid-south-trucking-inc-lactapp-1984.