Walker v. Belden Corporation

331 So. 2d 167
CourtLouisiana Court of Appeal
DecidedJuly 1, 1976
Docket5358
StatusPublished
Cited by7 cases

This text of 331 So. 2d 167 (Walker v. Belden Corporation) 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
Walker v. Belden Corporation, 331 So. 2d 167 (La. Ct. App. 1976).

Opinion

331 So.2d 167 (1976)

Gloria WALKER, Plaintiff-Appellant,
v.
BELDEN CORPORATION, Defendant-Appellant.

No. 5358.

Court of Appeal of Louisiana, Third Circuit.

April 14, 1976.
Rehearing Denied May 19, 1976.
Writ Refused July 1, 1976.

*168 Edward A. Kaplan, Alexandria, for Wm. Henry Sanders, Jena, for plaintiff-appellant-appellee.

Gaharan, Richey & Wilson by Joseph Wilson, Jena, for defendant-appellee-appellant.

Before HOOD, GUIDRY and PETERS, JJ.

HOOD, Judge.

This is a workmen's compensation suit instituted by Gloria Walker against her former employer, Belden Corporation. The trial judge rendered judgment in favor of plaintiff awarding her compensation benefits of $50.70 per week for sixteen weeks. Both parties have appealed. Plaintiff also answered defendant's appeal.

The issues presented are whether a work-connected accident resulting in a disabling injury occurred, as contended by plaintiff, whether plaintiff is totally and permanently disabled, and whether the amount of weekly benefits awarded by the trial court should be increased.

Plaintiff contends that she injured her right knee on February 25, 1975, while working as a "miscellaneous finisher" or a "booter" for Belden Corporation, which was doing business in Jena as LaSalle Wire and Cable Company. Her duties as a miscellaneous finisher were to place rubber "boots" or "nipples" on automobile ignition wires. In order to perform that work, it was necessary for her to sit at a table, to place the boot in the proper position over the copper fittings on the wires, and then operate a pneumatic machine by means of a foot pedal which forced the boots onto the ignition fittings.

Mrs. Walker reported for work at about 3:00 P.M. on February 25, 1975, and she testified that shortly thereafter her right knee struck a drawer located under the table causing her to suffer severe pain in her right knee. She stated that she immediately "jumped up and . . . hollered a little bit" and said in a "kinda loud" voice, "Ouch, I hurt my knee," and that she then hopped several feet over to the place where her fellow employees, Dollie Smith and Addie Lewis, were working and informed them of her injury. She said that she also reported the accident to five other co-employees that afternoon. Despite this alleged injury, plaintiff continued to perform the duties of her employment until she completed her regular shift of work at about 11:00 P.M. that day. She received medical treatment the following day, February 26, and she remained under the treatment of her doctor for a period of two or three months thereafter.

Plaintiff applied for a leave of absence on February 26, 1975, the day after her alleged injury. Her application was granted and she has been on a leave of absence continuously since that time. The leave which was granted to her, effective February 27, 1975, lists "illness" as the reason for granting it.

Plaintiff had surgery performed on her left leg in 1971, consisting of the stripping of veins in that leg. She stated that since that operation was performed, she has had poor circulation in her left leg and that that leg pains her while she works.

Plaintiff also sustained a prior injury to her right knee in 1972 while working for the same employer at another plant. She received medical treatment for that injury, and that treatment included the performance of surgery on her right knee about three weeks after the 1972 accident occurred. The surgeon used wire sutures on *169 the tendon of the right knee, and those wire sutures remained in her knee from the time that surgery was performed until they were removed about 16 days after the accident which forms the basis for this suit allegedly occurred. After a short period of recovery following that surgery, plaintiff returned to her employment later in 1972, and she continued to work from that time until February 26, 1975, except for several leaves of absence which she took during that period. She received no workman's compensation benefits as a result of the 1972 accident, other than a partial payment of the medical expenses which she incurred.

Dr. Sanit Sirikul, a general practitioner, examined plaintiff on February 26, 1975, and he treated her from that time until the latter part of May, 1975. He diagnosed her condition as "trauma of the right knee resulting from previous injury (1971), and aggravated by wire sutures and repeated trauma." He concluded that her present condition was due partly to "repeated trauma," because he "got this from her words." Dr. Sirikul performed a surgical procedure on her right knee on March 13, 1975, consisting of the removal of the above mentioned wire sutures from the tendon in that knee. Plaintiff's recovery from that surgical procedure was uneventful. Plaintiff nevertheless testified that she continues to suffer pain in her right knee and that she has been totally disabled since that time.

This suit was instituted on April 3, 1975, which was 37 days after the accident allegedly occurred. Plaintiff's deposition and that of Dr. Sirikul were taken in June, and the case was tried on its merits on July 17, 1975. The significance of these dates is that the facts must have been fresh on the minds of the witnesses, since the suit was filed and tried shortly after the accident occurred.

The trial judge rendered judgment immediately upon the conclusion of the trial. He found that an accident occurred on February 25, as claimed by plaintiff, and he awarded her compensation benefits for the period beginning February 26 and ending on July 14, 1975. As already noted, both parties appealed from that judgment.

The principal issue presented, and we think the determining one, is whether a work-connected accident occurred on February 25, 1975, as claimed by plaintiff, and if so, whether plaintiff sustained a disabling injury as a result of that accident.

We note at the outset that plaintiff has not alleged in any of her pleadings that an accident occurred, on February 25, 1975. She alleged in her original petition that:

"Plaintiffs then and there sustained an accidental injury in substantially the following manner: As she was booting, her right knee began hurting and swelled up, causing excruciating pain."

Plaintiff filed a "Pre-trial Information Sheet" on June 10, in which she indicated that on February 6, 1975, she sustained an accidental injury in substantially the following manner: "As she was booting, her right knee began hurting and swelled up, causing excruciating pain." She also stated in that pleading or document that "Dr. Sanit Sirikul diagnosed her condition as trauma of right knee: resulting from previous injury in 1971, aggravated by wire sutures and repeated trauma."

On July 3, 1975, plaintiff filed a supplemental petition, alleging that:

"Plaintiff then and there sustained an accidental injury in substantially the following manner: As she was booting, her right knee on numerous occasions struck the booting table and began hurting and swelled up, causing excruciating pain."

We interpret the above pleadings as alleging that plaintiff's knee began to swell and *170 to cause her to suffer pain, either without the occurrence of an accident or as the result of numerous accidents or repeated trauma. She testified at the trial, however, that her injury and disability resulted from one accident which occurred on February 25, 1975, when she struck her right knee on a drawer which was under her work table, and that she has been disabled since that time.

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