Young v. Aetna Life & Casualty Ins. Co.

497 So. 2d 420, 1986 La. App. LEXIS 8117
CourtLouisiana Court of Appeal
DecidedNovember 7, 1986
DocketNo. 85-1161
StatusPublished
Cited by1 cases

This text of 497 So. 2d 420 (Young v. Aetna Life & Casualty Ins. 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
Young v. Aetna Life & Casualty Ins. Co., 497 So. 2d 420, 1986 La. App. LEXIS 8117 (La. Ct. App. 1986).

Opinion

KNOLL, Judge.

Donald Young (Young) appeals the dismissal of his worker’s compensation claim against his employer, J.A. Jones (Jones), and its worker’s compensation carrier, Aet-na Life and Casualty Insurance Company (Aetna). The trial court ruled that Young failed to prove that he was disabled at the [421]*421time of trial and that the on-the-job accident was the canse of his disability. Young specifies that the trial court erred: (1) in ruling that Young was not disabled for the purposes of worker’s compensation; and (2) in finding there was not a connexity between the on-the-job accident and Young’s disability. We reverse.

FACTS

Young experienced two injuries which assailed his pulmonary system. He seeks worker’s compensation benefits for the second injury.

Young had a pulmonary problem prior to his first injury, a 1980 exposure to smoke in a trailer fire, but the only symptom demonstrated was shortness of breath, and despite this he was able to lead an active life. After the 1980 fire, he placed himself under the care of a pulmonary disease expert, Dr. Jana Kaimal. Although the fire initially left Young with severely limited pulmonary function, medical treatment enabled him to hold a successive number of jobs which did not require heavy manual labor; most involved the driving of trucks.

The accident for which Young seeks worker’s compensation benefits occurred on June 2, 1982, when Young, an employee of J.A. Jones Construction Company, Inc., was performing work in Conoco’s Westlake Refinery. On that day phosgene, a highly toxic gas, leaked from the Olin Chemical Company plant, a short way from Conoco, and drifted to the area where Young and his fellow employees at Jones were working. The gas caused him immediate respiratory difficulty, headaches and vomiting. The accident is not disputed. See Dugas v. J.A. Jones Const. Co., Inc., 491 So.2d 821 (La.App. 3rd Cir.1986), and Fontenot v. Aetna Life and Cas. Ins. Co., 487 So.2d 184 (La.App. 3rd Cir.1986).

CAUSATION

In Walton v. Normandy Village Homes Ass’n, Inc., 475 So.2d 320 (La.1985), the Supreme Court enunciated the following legal precepts pertinent to a claim for worker’s compensation benefits:

“As in other civil suits the employee in a worker compensation proceeding initially has the burden of establishing his disability and its causal relation with the employment accident by a preponderance of the evidence. In order for the employee to recover, it must be determined that the employment somehow caused or contributed to the disability, but it is not necessary that the exact cause be found. A claimant’s disability is presumed to have resulted from an accident, however, if before the accident the injured person was in good health, but commencing with the accident the symptoms of the disabling condition appear and continuously manifest themselves afterwards, providing either that there is sufficient medical evidence to show there to be a reasonable possibility of causal connection between the accident and the disabling condition, or that the nature of the accident, when combined with the other facts of the case, raises a natural inference through human experience of such a causal connection.
Preexisting disease or infirmity of the employee does not disqualify a claim if the work-injury aggravated, accelerated, or combined with the disease or infirmity to produce death or disability for which compensation is claimed. Correlatively, when an employee proves that before the accident he had not manifested disabling symptoms, but that commencing with the accident the disabling symptoms appeared and manifested themselves thereafter, and that there is either medical or circumstantial evidence indicating a reasonable possibility of causal connection between the accident and the activation of the disabling condition, the employee’s work injury is presumed to have aggravated, accelerated or combined with his preexisting disease or infirmity to produce his disability.
Once the disabled employee establishes the presumption of a causal relationship, the party denying the existence of the presumed fact assumes both the bur [422]*422 den of producing evidence and the burden of persuasion on the issue. In other words, in order for the party denying the existence of the presumed causal relationship to prevail on the issue, he must produce evidence and persuade the trier of fact that it is more probable than not that the work-injury did not accelerate, aggravate or combine with the preexisting disease or infirmity to produce his disability." (Citations omitted.)

Causation is not necessarily and exclusively a medical conclusion; it is usually the ultimate fact to be found by the court, based on all the credible evidence. Haughton v. Fireman’s Fund American Insurance Companies, 355 So.2d 927 (La.1978). Furthermore, the totality of the evidence, medical and lay, must be examined in determining whether to grant benefits for disability. Latiolais v. Home Ins. Co., 454 So.2d 902 (La.App. 3rd Cir.1984), writ denied, 460 So.2d 610 (La.1984).

In a short written opinion, the trial judge made three findings of fact: (1) the medical testimony did not support a conclusion that the phosgene exposure reduced Young’s ability to perform the same or similar work as that previously performed; (2) the presumption in Young’s favor relative to reduced capacity to work was inapplicable because he was not an “otherwise healthy worker” at the time of the phosgene exposure; and (3) there was not a preponderance of evidence that the phosgene accident had anything to do with Young’s failing health. We disagree.

Since the 1980 fire Young has been under the continuous care of Dr. Kaimal. On January 20, 1981, shortly after the fire, pulmonary function tests objectively demonstrated that Young had one-third use of his lungs, and a forced air capacity of 42%. Young continued to improve with treatment. Lung tests conducted three months prior to the phosgene exposure showed he had 55% use of his lungs, and a forced air capacity of 70%. In comparison, only five days after the phosgene exposure Young showed a 16% reduction in the use of the lungs with no change in bis forced air capacity. Since the phosgene exposure, Young’s pulmonary function continued to deteriorate, and the pulmonary function test taken just before trial was one of the lowest.

Young and his son testified that between the 1980 fire and the exposure to phosgene, Young's condition improved. Just before the 1982 phosgene gas accident Young was able to walk one mile daily; since his exposure to the gas he can barely walk across his yard. Since the gas exposure Young is coughing more frequently, and by December 1982 he was spitting up blood.

It was Dr. Kaimal’s opinion that as of the time of trial in 1985, Young should not be working or exposing himself to any fumes and dust, and that even if he merely mowed his yard, he should wear a mask so that dust would not aggravate his condition. It was the doctor’s opinion that Young was completely disabled from doing any manual labor, or any work that involved his presence in the petro-chem complex. All that he could do was sedentary-type work in a controlled environment.

Dr. Kaimal opined that although he could not be certain that the phosgene caused Young’s pulmonary deterioration, the phos-gene exposure aggravated Young’s condition and could have increased Young’s rate of pulmonary deterioration.

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Bluebook (online)
497 So. 2d 420, 1986 La. App. LEXIS 8117, Counsel Stack Legal Research, https://law.counselstack.com/opinion/young-v-aetna-life-casualty-ins-co-lactapp-1986.