Frederick v. Town of Arnaudville

• Decision Date: 12 December 1990
• Docket Number: No. 89-667,89-667
• Citation: 572 So.2d 316
• Parties: Elwood J. FREDERICK, Plaintiff-Appellee, v. The TOWN OF ARNAUDVILLE, Defendant-Appellant. 572 So.2d 316
• Court: Court of Appeal of Louisiana — District of US

Page 316

572 So.2d 316

Elwood J. FREDERICK, Plaintiff-Appellee, v. The TOWN OF ARNAUDVILLE, Defendant-Appellant.

No. 89-667.

572 So.2d 316

Court of Appeal of Louisiana Third Circuit.

Dec. 12, 1990.

Writ Denied Feb. 8, 1991.

Dean, Lomenick & Seemann, Otis E. Lomenick, Jr., Opelousas, for plaintiff/appellee.

Guglielmo, Lopez, Tuttle & Walker, Gina B. Tuttle, Opelousas, for defendant/appellant.

Before DOMENGEAUX, C.J., and DOUCET and KNOLL, JJ.

DOMENGEAUX, Chief Judge.

Elwood Frederick, a policeman for the Town of Arnaudville, filed this suit for worker's compensation benefits, alleging he sustained a disabling mental injury on November 12, 1986, after an altercation with his supervisor, the local chief of police. The Town of Arnaudville responded with exceptions of prescription, res judicata and no cause of action, contending Frederick's injuries and present condition were the result of a 1975 accident in which he was shot in the line of duty.

The trial judge deferred the exceptions until trial on the merits, after which he ruled in favor of Frederick. For the following reasons, we affirm.

FACTS

Elwood Frederick was employed as a patrolman by the Town of Arnaudville from July 1969 through October 1975; from April 1977 through August 1983; and from June 1984 through November 1986. On March 16, 1975, Frederick was shot in the chin after responding to what he believed would be a routine call. He was treated for his injuries at St. Luke's Hospital, where he remained for several days. Because Frederick experienced nervousness and apprehension after this incident, his treating physician, Dr. Earl Morrogh, recommended he take a leave of absence. Frederick took this advice, waiting three or four months after the shooting before resuming his duties as patrolman. He filed and compromised a worker's compensation suit regarding this incident.

For unknown reasons, Frederick was dismissed in October of 1975, but rehired in April of 1977. In 1979, he took a ten day leave of absence "for nerves." On June 9, 1983, Frederick resigned because his family physician, Dr. Bobby Morrow, recommended he seek other employment. According to Dr. Morrow, Frederick's position as a police officer caused severe mental stress and strain which progressed to where Frederick was unable to continue this line of work. However, on May 28, 1984, Dr. Morrow reported that Frederick's mental stress and tension were asymptomatic and he could return to this type of work. Frederick was then rehired by the Town of Arnaudville, first as a dispatcher, and later, as a patrolman once again.

On November 12, 1986, Frederick "had words" with his supervisor, Police Chief Carrol LaGrande. According to Frederick, the chief told him "you do your business and I'll do mine." Frederick explained, "he really chewed me, but no yelling."

Approximately one hour later, Frederick checked himself into the emergency room at St. Luke's, in a state of acute distress, complaining of chest pains, abdominal pains and left arm numbness. An EKG and chest X-ray were normal, but he did have elevated blood pressure and a slightly elevated glucose level. Dr. Earl Morrogh, the admitting physician, considered the episode to be "purely an emotional upset," perhaps brought on by the stress of his employment. Frederick remained in St. Luke's for three days, and then checked into Cypress Hospital for four days.

Dr. James Blackburn, a psychiatrist, treated Frederick during his stay at Cypress and for sometime thereafter. In his initial report, Dr. Blackburn stated Frederick was admitted with a history of increasing anxiety which progressively worsened and became more intense over several years, finally reaching a phobic level with physiologic distress. He describes Frederick as a tense, nervous individual who had been able to manage his stress before the November 12, 1986 incident. In Dr. Blackburn's opinion, the fear and anxiety produced by the 1975 shooting was aggravated by the fact that he had to work as a policeman every day, and the 1986 incident with his supervisor "brought all of this to some point of culmination." What made the incident particularly traumatic was that Frederick could not release his anger by arguing back with the police chief.

Dr. Blackburn believed plaintiff was totally disabled from working as a policeman. If he returned to work at all, it would have to be in what Dr. Blackburn termed a "sheltered workshop," where acceptance of responsibility would be very gradual. Considering Frederick's age and his lack of marketable skills, Dr. Blackburn projected a limited prognosis as to his re-employment.

Dr. Bobby Morrow, Frederick's family physician, described plaintiff as an emotionally unstable individual who developed a smoldering tenseness regarding his work as a policeman. On September 29, 1987, he wrote a letter stating plaintiff was totally and continuously disabled as a policeman. In his deposition, Dr. Morrow stated Frederick was emotionally capable of performing other work, keeping with his age (56), educational status (no high school degree) and physical problems such as hypertension, cardiovascular disease, high blood pressure and diabetes. Dr. Morrow said he would defer to Dr. Blackburn, the psychiatrist, as to which incident triggered Frederick's current condition.

At defendant's request, Frederick was also examined on two occasions by Dr. Louis Cenac, a psychiatrist in Houma, Louisiana. Dr. Cenac concluded Frederick...