Taylor v. Mansfield Hardwood Lumber Co.

65 So. 2d 360, 1953 La. App. LEXIS 637
CourtLouisiana Court of Appeal
DecidedApril 30, 1953
Docket7896
StatusPublished
Cited by20 cases

This text of 65 So. 2d 360 (Taylor v. Mansfield Hardwood Lumber Co.) 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
Taylor v. Mansfield Hardwood Lumber Co., 65 So. 2d 360, 1953 La. App. LEXIS 637 (La. Ct. App. 1953).

Opinion

65 So.2d 360 (1953)

TAYLOR
v.
MANSFIELD HARDWOOD LUMBER CO.

No. 7896.

Court of Appeal of Louisiana, Second Circuit.

April 30, 1953.
Rehearing Denied May 29, 1953.

*361 Harry Fuller, Winnfield, for appellant.

Theus, Grisham, Davis & Leigh, Monroe, for appellee.

GLADNEY, Judge.

Defendant appeals from a judgment in favor of plaintiff and her minor children, awarding compensation by reason of the death of her husband, O. B. Taylor, on June 18, 1951.

The principal issue presented by this case for determination is whether an employment accident on February 7, 1951, contributed to or hastened the death, caused by cancer.

Taylor was employed as a log cutter on January 3, 1951, by the Mansfield Hardwood Lumber Company, defendant herein, and as a prerequisite to employment was required to pass a satisfactory physicial examination. His record discloses constant employment until February 14, 1951, after which date and until his death he was unable to work.

On February 7, 1951, Taylor and other employees were being transported from Winnfield to their work in the woods in a truck owned by defendant and being driven by an employee. On this trip the truck skidded into a ditch, causing some of his fellow employees to be thrown on top of and against Taylor, forcing him against the back of the bench upon which he was seated, and against the edge of a 2" × 6" piece of timber constituting a part of the truck. Taylor immediately complained that he was hurt in the region of his back, hips and chest. He continued to complain to his fellow employees upon the job that day and during the six days thereafter when he continued to work, complaining of pain and soreness in his back and legs.

The testimony of the widow and Taylor's fellow workers is convincing that prior to the date of the accident the deceased was apparently well and strong, made no complaints and was of a cheerful disposition, but from February 7 to 14, 1951, he complained of his back, chest and legs and attributed such injuries to the accident.

Prior to the accident the only evidence relating to any illness was given by Dr. Roy V. Martin, who testified that during January, 1951, Taylor was treated for a minor respiratory trouble, influenza. There was no other evidence indicative of illness or disability prior to February 7, 1951.

Medical testimony in the case was given by Dr. Henry T. Parker, a chiropractor, Dr. John T. Mosley, Dr. John G. Riddler and Dr. Roy V. Martin.

That Taylor's death was due to cancer is not questioned. The malignant growth was discovered on May 1, 1951, when Dr. Riddler first examined the patient. It was an accepted fact at that time that the malignant growth had spread to several parts of the body and the condition of the patient was hopeless. Although neither Dr. Mosley nor Dr. Martin recognized the existence of the cancer until reported by Dr. Riddler, *362 they seem of the opinion the disease existed at the time of the accident.

From February 7 to March 3, 1951, Dr. Parker treated Taylor for a slipped fifth vertebra which he stated was pressing on a nerve. From March 21st to the latter part of April Dr. Mosley hospitalized the employee and recognized the injury as one arising under the compensation act, LSA-R.S. art. 23:1021 et seq. He attempted to relieve the pain suffered by Taylor by stretching the sciatic nerve. Dr. Mosley sent Taylor to the Highland Clinic where he was examined by Drs. Overdyke and Duncan and later by Dr. Riddler. Dr. Martin saw Taylor for the first time after the accident on May 22d, when Taylor was placed under his care by Dr. Riddler, the cancerous condition then being far advanced.

Dr. John G. Riddler who presently resides in Jackson, Tennessee, examined O. B. Taylor on May 1, 1951, at the Highland Sanitarium. Just prior to this time Taylor had received an orthopedic examination from Dr. Don F. Overdyke, Jr. and a psychiatric examination from Dr. D. H. Duncan, the latter referring the patient to Dr. Riddler. The examination revealed a large mass in the region of the right greater trochanter and a similar lesion in the right infrascapular area. X-rays disclosed marked destruction of the bone of the right femur and one rib on each side of the chest. The pathological report showed the tumor was a neuroblastoma. Dr. Riddler reports that Taylor complained of his right hip, and weight loss, stating that he was in good health until February 7, 1951, but that while riding in a truck he was pushed against the side and from that time on he noticed increase in pain in the right femur. Prior to admission to the sanitarium he had lost at least twenty pounds and had been unable to work for the past two weeks.

The testimony of Dr. Riddler was taken by deposition. He relates he told both Mr. and Mrs. Taylor that the injury of February 7, 1951, contributed in no way to the cause or development of the disease. He stated his opinion that the tumor was in an advanced stage when he first saw it, was of the progressive type, and would have developed without any external force. He testified that some tumors can be accelerated in growth by trauma, but that he did not think that happened in this case.

Dr. Mosley testified that he did not detect the malignant growth when he examined Taylor on several occasions in March and April, but that after receiving the report of Dr. Riddler's examinations, he re-examined his X-rays and they revealed a diseased condition of the femur and hip. He expressed the belief that when Taylor was under his care the mass had not developed in the chest or thoracic area. He was sure, however, that the pain of which Taylor was complaining was due to pressure symptoms. He testified he could not say when the cancer started but that he did not think that the accident of February 7th had any connection with the tumor. He was of the opinion that trauma could aggravate or accelerate the growth of a malignant tumor. It is his opinion that the original tumor was at the end of the spine and that parts of this broke away and spread off to the hip and other parts of the body.

Dr. Martin, of course, did not see Taylor until May 22d, at which time the condition was hopeless, the cancer being far advanced at that time. He expressed the belief that trauma can aggravate a pre-cancerous condition, stating that every manipulation or pressure which can itself produce a lesion would be capable of stirring up a malignant growth. He declined to give a positive answer to the question of whether or not Taylor would have lived longer if he had not had the accident.

From the foregoing medical evidence we may infer that all of the doctors expressed the belief that a diseased cancerous condition can be aggravated by trauma. In the instant case Drs. Riddler and Mosley expressed the belief that the accident of February 7th in no wise contributed to the progress of the disease which remained undiscovered in Taylor's body until May 1st. Dr. Martin, on the other hand, seemed to lean to the view that any trauma capable of causing a lesion would affect the extension and development of the cancer.

In an opinion obviously prepared most thoroughly the trial judge concluded that *363 the evidence was favorable to the plaintiff and awarded compensation.

The record in this case is somewhat unusual because of the paucity of expert testimony. None of the medical witnesses who testified claimed either through study or experience to have any special knowledge of cancer.

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65 So. 2d 360, 1953 La. App. LEXIS 637, Counsel Stack Legal Research, https://law.counselstack.com/opinion/taylor-v-mansfield-hardwood-lumber-co-lactapp-1953.