Tranchant v. EMS, INC.

777 So. 2d 516, 2000 WL 1827356
CourtLouisiana Court of Appeal
DecidedDecember 13, 2000
Docket00-CA-1160
StatusPublished
Cited by8 cases

This text of 777 So. 2d 516 (Tranchant v. EMS, 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
Tranchant v. EMS, INC., 777 So. 2d 516, 2000 WL 1827356 (La. Ct. App. 2000).

Opinion

777 So.2d 516 (2000)

Rianna TRANCHANT
v.
ENVIRONMENTAL MONITORING SERVICE, INC.

No. 00-CA-1160.

Court of Appeal of Louisiana, Fifth Circuit.

December 13, 2000.

*518 Rianna Tranchant, Metairie, LA, Plaintiff/Appellant.

John C. Turnage, Mayer, Smith & Roberts, L.L.P., Shreveport, LA, Attorney for Defendant/Appellee Environmental Monitoring Service, Inc.

Panel composed of Judges DUFRESNE, CANNELLA and CHEHARDY.

CANNELLA, Judge.

Plaintiff, Rianna Tranchant, appeals a judgment in a workers' compensation case filed against Defendant, Environmental Monitoring Service (EMS). We affirm.

Plaintiff was employed by EMS as a fugitive emissions worker on April 2, 1999 when she was exposed to a Benzene leak at the Shell Oil Company (Shell) plant in Norco. She claimed physical symptoms from the exposure, including vomiting and nausea, and that she developed post-traumatic stress disorder (PTSD.)

On May 25, 1999, Plaintiff filed a Disputed Claim for Compensation against EMS. The trial was held on January 10, 2000. On January 28, 2000, the workers' compensation judge dismissed the claim, finding that Plaintiff failed to prove that she suffered a mental injury caused by mental stress, within the meaning of the workers' compensation statute, La. R.S. 23:1021(7)(b)[1].

On appeal, Plaintiff represented herself. She contends that the workers' compensation judge erred in his finding that her claim is not compensable. Plaintiff argues that the evidence was sufficient beyond a reasonable doubt that the event was not minor and that she suffers from PTSD as a result.

To be entitled to workers' compensation benefits, Plaintiff must prove that there was a work-related accident, resulting in a disability that was caused by the accident. Bibbins v. Boh Brothers Const. Co., 99-349 (La.App. 5th Cir.10/13/99), 746 So.2d 154, 159. Plaintiffs burden of proof is by a reasonable preponderance of the evidence. Campbell v. Benson BMW/ Isuzu/VW, Inc., 98-861 (La.App. 5th Cir.3/10/99), 735 So.2d 49, 55; Quinones v. U.S. Fidelity and Guar. Co., 93-1648 (La.1/14/94), 630 So.2d 1303, 1306-07.

The appellate court's review of a workers' compensation case is governed by the manifest error or clearly wrong standard. Campbell, 735 So.2d at 55; Smith v. Louisiana Dept. of Corrections, 93-1305 (La.2/28/94), 633 So.2d 129, 132. The manifest error rule extends to credibility determinations based upon conflicting medical testimony. Campbell, 735 So.2d at 56.

Where there is a conflict in the testimony, reasonable evaluations of credibility and reasonable inferences of fact should not be disturbed upon review, even though the appellate court may feel that its own evaluations and inferences are as reasonable. Id. However, where documents or objective evidence so contradicts a witness's story, or the story itself is so internally inconsistent or implausible on its face that a reasonable factfinder would not credit the witness's story, the court of appeal may find manifest error, even in a finding based upon a credibility determination. Campbell 735 So.2d at 56; Rosell v. ESCO, 549 So.2d at 840, 844-45 (La.1989); Stobart v. State, Through DOTD, 617 So.2d 880, 882 (La.1993). The issue to be resolved by the reviewing court is not whether the trier of fact was right or wrong, but whether the factfinder's conclusion was a reasonable one. Campbell, 735 So.2d at 56; Stobart, 617 So.2d at 882. Thus, where two permissible views of the evidence exist, the factfinder's choice between them cannot be manifestly erroneous or clearly wrong. Campbell, 735 So.2d at 56; Stobart, 617 So.2d at 882.

Workers' compensation is regulated by La. R.S. 23:1021 et seq. La. R.S. 23:1021(7)(a) provides as follows:

*519 (7) (a) "Injury" and "personal injuries" include only injuries by violence to the physical structure of the body and such disease or infections as naturally result therefrom. These terms shall in no case be construed to include any other form of disease or derangement, however caused or contracted.

La. R.S. 23:1021(7)(b) applies to claims for mental injury while in the course and scope of employment. It states:

(b) Mental injury caused by mental stress. Mental injury or illness resulting from work-related stress shall not be considered a personal injury by accident arising out of and in the course of employment and is not compensable pursuant to this Chapter, unless the mental injury was the result of a sudden, unexpected, and extraordinary stress related to the employment and is demonstrated by clear and convincing evidence.
(c) Mental injury caused by physical injury. A mental injury or illness caused by a physical injury to the employee's body shall not be considered a personal injury by accident arising out of and in the course of employment and is not compensable pursuant to this Chapter unless it is demonstrated by clear and convincing evidence .
(d) No mental injury or illness shall be compensable under either Subparagraph (b) or (c) unless the mental injury or illness is diagnosed by a licensed psychiatrist or psychologist and the diagnosis of the condition meets the criteria as established in the most current issue of the Diagnostic and Statistical Manual of Mental Disorders presented by the American Psychiatric Association.

Plaintiff has the burden of proving by clear and convincing evidence that her mental disorder is the result of "a sudden, unexpected, and extraordinary stress related to the employment ..." Favorite v. Louisiana Health Care Authority, 98-721 (La.App. 5th Cir.12/16/98), 725 So.2d 556, 558. Plaintiff cannot merely show that a mental injury is related to the general conditions of employment, or to incidents which have occurred over an extended period of time. Id. The mental injury must have been caused by an unexpected and unforeseen event that occurs suddenly or violently. The extraordinary nature of the stress is determined from the point of view of the ordinary reasonable person of usual sensibilities, not from the point of view of the Plaintiff. Jeansonne v. Wick Publishing Co., 94-CA-462 (La. App. 5th Cir.11/29/94), 646 So.2d 1212, 1214, writ denied 94-C-2963 (La.2/3/95), 649 So.2d 405.

On the day of this incident, Plaintiff was instructed by EMS to perform heavy monitoring at the Shell plant. Her job was to check for chemical leaks. According to Ralph James (James), the EMS Comptroller in charge of personnel, chemical leaks, while not daily occurrences at the plant, happened frequently enough to warrant Shell hiring EMS to monitor the equipment.

Plaintiff had been employed with EMS since January of 1999, doing light monitoring. On the day before the incident, she first performed heavy monitoring. The day of the incident, Plaintiff was unsure of how to proceed. According to Plaintiff, because she was nervous about performing the heavy monitoring, she asked to return to her previous light monitoring job, but EMS refused. She was given 500 tags to attach to the equipment which she had to check. With the assistance of the Shell workers, Plaintiff embarked on her duties. At some point, she was instructed to ascend three levels of a tower to reach the "exchangers" and was also told that she was not checking enough tags. Another EMS worker, Susan Woodfin, was on the other side of the platform performing the same duties.

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Bluebook (online)
777 So. 2d 516, 2000 WL 1827356, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tranchant-v-ems-inc-lactapp-2000.