Stuart v. New City Diner

758 So. 2d 345, 99 La.App. 4 Cir. 2270, 2000 La. App. LEXIS 694, 2000 WL 320679
CourtLouisiana Court of Appeal
DecidedMarch 15, 2000
Docket99-CA-2270
StatusPublished
Cited by7 cases

This text of 758 So. 2d 345 (Stuart v. New City Diner) 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
Stuart v. New City Diner, 758 So. 2d 345, 99 La.App. 4 Cir. 2270, 2000 La. App. LEXIS 694, 2000 WL 320679 (La. Ct. App. 2000).

Opinion

758 So.2d 345 (2000)

Dawn STUART
v.
NEW CITY DINER.

No. 99-CA-2270.

Court of Appeal of Louisiana, Fourth Circuit.

March 15, 2000.

*346 Bradford H. Walker, Michael A. Triay, Michael J. Bourquard, The Law Offices of Walker & Triay, Metairie, Louisiana, Counsel for Plaintiff-Appellee.

Gregory S. Unger, Law Offices of Michael S. Guillory, APLC, Metairie, Louisiana, Counsel for Defendant-Appellant.

*347 Court composed of Judge WILLIAM H. BYRNES, III, Judge PATRICIA RIVET MURRAY, Judge ROBERT A. KATZ.

BYRNES, Judge.

Appellant, Dawn Stuart, was hired by Appellee, New City Diner, on June 22, 1998. On August 31, 1998, Ms. Stuart was working as a cafeteria line server at the diner. She alleges that on that day she had a sudden onset of pain in her right wrist. She alleges that the pain was caused when she lifted what appears from the record to be an ordinary cafeteria tray. Ms. Stuart further alleges that she told a co-worker and her manager that she was experiencing pain, weakness, and numbness in her right wrist. Ms. Stuart sought medical treatment at Meadowcrest Hospital on September 6, 1998. X-rays revealed that she had no fractures, but that she suffers from a congenital fusion of the capitate and hamate. Ms. Stuart alleges that she then sought treatment at General Meyer Medical Clinic, where she was treated by a neurologist, Dr. Steven Atkins. According to Stuart, Dr. Atkins diagnosed Stuart with Carpal Tunnel Syndrome ("CTS") and referred her to an orthopedic surgeon, Dr. William Pusateri. Dr. Pusateri performed a right-sided carpal tunnel release on September 18, 1998.

Appellant had been treated previously by Dr. Pusateri for pain and swelling in her right wrist. She was referred to Dr. Pusateri on March 25, 1996, by the New Orleans Health Department, for treatment of an injury to that wrist. She was treated for her symptoms of pain and swelling of the wrist on March 26, 1996, April 26, 1996, and February 18, 1997.

Appellant received no workers' compensation benefits. On October 19, 1998, she filed a disputed claim for compensation with the Louisiana Department of Labor, Office of Workers' Compensation. New City Diner filed a motion for summary judgment on March 17, 1999. A workers' compensation judge granted summary judgment in favor of New City Diner on May 20, 1999. The judge ruled that Ms. Stuart could not carry the burden of evidentiary proof dictated by La. R.S. 23:1031.1. She appealed to this Court.

This Court reviews grants of summary judgment de novo. Summary judgment should be granted if the pleadings, answers to interrogatories, and admissions show that there is no genuine issue as to material facts, and the mover is entitled to judgment as a matter of law. Robinson v. Yousuf, 95-1476 (La App. 4th Cir. 1/19/96); 668 So.2d 436, 439, writ denied, 670 So.2d 1232 (La.1996).

The movant for summary judgment bears the burden of proving that no genuine issue of material fact exists. However, if the movant is not the party who would bear the burden of proof at trial, the movant can satisfy this burden by showing that the adverse party cannot satisfy one or more of the elements of a claim.

La. C.C.P. art 966 provides:

C. (2) The burden of proof remains with the movant. However, if the movant will not bear the burden of proof at trial on the matter that is before the court of the motion for summary judgment, the movant's burden on the motion does not require him to negate all essential elements of the adverse party's claim, action, or defense, but rather to point out to the court that there is an absence of factual support for one or more elements essential to the adverse party's claim, action, or defense. Thereafter, if the adverse party fails to produce factual support sufficient to establish that he will be able to satisfy his evidentiary burden of proof at trial, there is no genuine issue if material fact.

The claimant in a workers' compensation case has the burden of proving that a work-related accident or occupational disease occurred and caused a specific injury by a preponderance of the evidence. Bruno v. Harbert International, Inc., 593 So.2d 357 (La.1992); Holiday v. Borden Chemical, 508 So.2d 1381 (La.1987). A *348 preponderance of the evidence burden requires a plaintiff to show the fact sought to be proved is more probable than not. Lasha v. Olin Corp., 625 So.2d 1002 (La. 1993).

However, La. R.S. 23:1031.1 D heightens the claimant's burden of proof in cases where the claimant suffers an occupational disease and has been employed with the defendant employer for less than twelve months.

La. R.S. 1031.1 D provides that:

Any occupational disease as herein listed contracted by an employee while performing work for a particular employer in which he has been engaged for less than twelve months shall be presumed to be non-occupational and not to have been contracted in the course of and arising out of such employment, provided, however, that any such occupational disease so contracted within the twelve months' limitation as set out herein shall become compensable when the occupational disease shall have been proved to have been contracted during the course of the prior twelve months employment by an overwhelming preponderance of the evidence. [Emphasis added.]

Thus, in order for an occupational disease to be compensable in cases where the claimant has been employed with the defendant for less than twelve months, La. R.S. 1031.1 D requires that the employee prove causation by an "overwhelming preponderance of the evidence." In cases such as this one, where the claimant has been employed with the defendant for less than twelve months, the claimant's burden of proof depends on whether the claimant's condition is caused by an accident or is an occupational disease.

Work-related carpal tunnel syndrome is specifically listed as an occupational disease by La. R.S. 23:1031.1 B. However, Louisiana courts have not foreclosed the possibility that carpal tunnel syndrome can be caused by an accident. Smith v. Tudor Construction, 25-783 (La.App.2d Cir.5/4/94); 637 So.2d 666, 668; Ceasar v. Crispy Cajun Restaurant, 94-30 (La.App. 3d Cir.10/5/94); 643 So.2d 471.

The term "accident," as it is used in the workers' compensation context, is defined by statute. La. R.S. 23:1021(1) provides:

"Accident" means an unexpected or unforeseen actual, identifiable, precipitous event happening suddenly or violently, with or without human fault, and directly producing at the time objective findings of an injury which is more than simply a gradual deterioration or progressive degeneration.

The emphasized language was added when the statute was amended by Acts 1989, No. 454, effective Jan. 1, 1990. We recognize that before 1990, "Louisiana courts consistently ... interpreted the work-related accident requirement liberally." Williams v. Regional Transit Authority, 546 So.2d 150, 156 (La.1989). However, the 1990 amendments reflected the legislature's intent "to ... reduce the circumstances which amounted to an accident under [the pre-1990] law." Rice v. AT&T and Travelers Indemnity Insurance Co., 614 So.2d 358, 361 n. 3 (La.App. 2 Cir.1993). To prove that an accident occurred under the amended statute, the key requirement is that a precipitous event directly produces sudden objective findings of injury rather than a mere manifestation of a gradual deterioration or progressive degeneration. Qualls v. Stone Container Corp., 29-794 (La.App. 2 Cir.

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Cite This Page — Counsel Stack

Bluebook (online)
758 So. 2d 345, 99 La.App. 4 Cir. 2270, 2000 La. App. LEXIS 694, 2000 WL 320679, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stuart-v-new-city-diner-lactapp-2000.