Williams v. Louisiana Coca-Cola Co.

652 So. 2d 108, 94 La.App. 5 Cir. 810, 1995 La. App. LEXIS 461, 1995 WL 80287
CourtLouisiana Court of Appeal
DecidedMarch 1, 1995
Docket94-CA-810
StatusPublished
Cited by17 cases

This text of 652 So. 2d 108 (Williams v. Louisiana Coca-Cola 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
Williams v. Louisiana Coca-Cola Co., 652 So. 2d 108, 94 La.App. 5 Cir. 810, 1995 La. App. LEXIS 461, 1995 WL 80287 (La. Ct. App. 1995).

Opinion

652 So.2d 108 (1995)

Stanley WILLIAMS,
v.
LOUISIANA COCA-COLA COMPANY.

No. 94-CA-810.

Court of Appeal of Louisiana, Fifth Circuit.

March 1, 1995.
Writ Denied May 12, 1995.

*109 William Mustian, III, Metairie, for plaintiff/appellee, Stanley Williams.

M. Blake Monrose, Lafayette, for defendant/appellant, Louisiana Coca-Cola Bottling Co.

Before BOWES, GAUDIN and GRISBAUM, JJ.

BOWES, Judge.

Defendant/appellant, Louisiana Coca-Cola Bottling Company LTD (hereinafter "Coca-Cola"), appeals a judgment of the Office of Workers Compensation denying its intoxication defense to the claim filed by plaintiff/appellee, Stanley Williams (hereinafter "Williams"). For the following reasons we reverse.

FACTS

Williams filed a claim for worker's compensation benefits against his employer, Coca-Cola, in November, 1992, claiming that he was injured on February 8, 1990, while within the course and scope of his employment. Williams alleged that he was involved in a one vehicle accident when he lost control of the semi-trailer truck he was driving, which suddenly jackknifed, resulting in severe injuries to multiple parts of his body, including his neck, back, chest, and ribs. Following the accident, Williams was taken to Pendleton Memorial Hospital where he was treated for his injuries. Coca-Cola paid compensation benefits, including temporary total disability and medical benefits, until it learned in 1993 that the hospital records of the original admission to Pendleton contained test results which indicated the presence of cocaine *110 metabolites in plaintiff's system at the time of admission.

Defendant then terminated the compensation benefits, and subsequently Williams initiated the present proceedings. For purposes of convenience, the issue of liability and the defense of intoxication was bifurcated from the question of entitlement to indemnification and/or medical benefits. Trial on the initial question of liability was held in March, 1994.

At the hearing, Coca-Cola presented, over the objection of Williams, the certified hospital records from Pendleton which showed that (apparently) as part of the routine admissions procedure, several blood and urine tests were taken; benzoylecoonine, a cocaine metabolite, and codeine were detected in plaintiff's urine. Defendant presented no other evidence. Williams testified that he has never used cocaine at any time, had not used it on the date of the accident, and was not under the influence of any drugs at the time of the accident. He stated that on the evening of the accident, the trailer was leaning to one side because the beverage cases had been loaded improperly, with all the weight on one pallet on one side of the trailer. The night crew who loaded the truck had gone, and he did not attempt to have the truck reloaded. He was able to drive the truck, but in going over the overpass, the trailer itself began to jackknife, and the trailer itself turned around, hitting the cab of the truck several times. Williams was eventually able to maneuver the truck to a stop. No other witnesses or evidence was submitted.

Following the hearing, the trial court found that Coca-Cola had met its burden of proving intoxication under La.R.S. 23:1081(12), infra, and was entitled to the presumption of causation thereunder. However, the court found further that plaintiff met his burden of proving that the intoxication was not a contributing cause of the accident, and the intoxication defense was denied. Coca-Cola appeals.

SPECIFICATIONS OF ERROR

Coca-Cola alleges that the hearing officer committed manifest error in denying and rejecting its affirmative defense of intoxication by finding that Williams met his burden of proving that his "on the job" intoxication was not a contributing cause of the accident, and in holding that the burden of proof shifted back to Coca-Cola to prove that the jackknifing of the truck did not cause the accident. Plaintiff did not appeal nor answer the appeal; however, he notes as an issue in brief, that the hospital records were admitted into evidence without proper foundation and that therefore, the presumption of intoxication should never have applied.

ANALYSIS

La.R.S. 23:1081 reads in pertinent part as follows:

No compensation shall be allowed for an injury caused:
* * * * * *
... by the injured employee's intoxication at the time of the injury, unless the employee's intoxication resulted from activities which were in pursuit of the employer's interests or in which the employer procured the intoxicating beverage or substance and encouraged its use during the employee's work hours
* * * * * *
In determining whether or not an employer shall be exempt from and relieved of paying compensation because of injury sustained by an employee for any cause or reason set forth in this Subsection, the burden of proof shall be upon the employer.
* * * * * *
If there was, at the time of the accident, evidence of either on or off the job use of a nonprescribed controlled substance as defined in 21 U.S.C. 812, Schedules I, II, III, IV, and V, it shall be presumed that the employee was intoxicated.
The foregoing provisions of this Section shall not be construed as limiting the introduction of any other competent evidence bearing upon the question of whether the employee was under the influence of alcoholic beverages or any illegal or controlled substance.
*111 For purposes of this Section the employer has the right to administer drug and alcohol testing or demand that the employee submit himself to drug and alcohol testing immediately after the alleged job accident.
* * * * * *
In order to support a finding of intoxication due to drug use, and a presumption of causation due to such intoxication, the employer must prove the employee's use of the controlled substance only by a preponderance of the evidence. In meeting this burden, the results of employer-administered tests shall be considered admissible evidence when those tests are the result of the testing for drug usage done by the employer pursuant to a written and promulgated substance abuse rule or policy established by the employer.
* * * * * *
Notwithstanding any language to the contrary, once the employer has met the burden of proving intoxication at the time of the accident, it shall be presumed that the accident was caused by the intoxication. The burden of proof then is placed upon the employee to prove that the intoxication was not a contributing cause of the accident in order to defeat the intoxication defense of the employer.
In the event a health care provider delivers emergency care to an injured worker later presumed or found to be intoxicated under this Section, the employer shall be responsible for the reasonable medical care provided the worker until such time as he is stabilized and ready for discharge from the acute care facility, at which time the employer's responsibility shall end for medical and compensation benefits. (Emphasis supplied).

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Cite This Page — Counsel Stack

Bluebook (online)
652 So. 2d 108, 94 La.App. 5 Cir. 810, 1995 La. App. LEXIS 461, 1995 WL 80287, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-louisiana-coca-cola-co-lactapp-1995.