Kraemer v. Jahncke Services

• Decision Date: 05 December 1955
• Docket Number: No. 20611,20611
• Citation: Kraemer v. Jahncke Services, 83 So.2d 916 (La. App. 1955)
• Parties: Mrs. Luise KRAEMER, Widow of Louis J. Lutz v. JAHNCKE SERVICES, Inc., and the Royal Indemnity Co.
• Court: Court of Appeal of Louisiana — District of US

Page 916

83 So.2d 916

Mrs. Luise KRAEMER, Widow of Louis J. Lutz v. JAHNCKE SERVICES, Inc., and the Royal Indemnity Co.

No. 20611.

Court of Appeal of Louisiana, Orleans.

Dec. 5, 1955.

Rehearing Denied Jan. 3, 1956.

Writ of Certiorari Denied Jan. 16, 1956.

Melvin J. Duran, New Orleans, for plaintiff appellant.

Bienvenu & Culver, New Orleans, for defendant appellee.

REGAN, Judge.

The plaintiff, Mrs. Luise Kraemer, widow of Louis J. Lutz, instituted this suit against the defendants, Jahncke Services, Inc., and its liability insurer, The Royal Indemnity Company, endeavoring to recover compensation at the rate of $30 per week for a period of three hundred weeks, $650 for funeral expenses, 12% penalties and $1,000 attorneys' fees, for the death of her husband resulting from a 'coronary insufficiency' suffered by him on August 21st, 1953.

The defendants answered and denied that there was any causal connection between the deceased's employment and his death.

From a judgment in favor of the defendants dismissing plaintiff's suit, she has prosecuted this appeal.

The trial judge thoroughly analyzed both the facts and the law applicable to this case in his written reasons for judgment which, in our opinion, encompass the issues so fully that we adopt them as our own.

'The record is replete with medical testimony concerning the difference between coronary insufficiency and coronary thrombosis. Four doctors testified, three for the plaintiff and one for the defendant. The facts of the case seem to be clear, and I find them as follows:

'Deceased was 50 years of age, and had for five years been operating a diesel-powered crane unloading gondola cars and filling hoppers with sand and similar building material. Deceased was apparently in good health and, according to Dr. Brock, his family physician and a general practitioner, made no complaint about his health until two weeks or more before his death. He complained of pains over the chest extending into both arms, and shortness of breath when running for a street car, or when attempting minor household chores. The doctor had an electrocardiogram made which proved negative. Dr. Brock sent deceased to a heart man; and advised deceased to stop smoking, and to slow down; but did not advise him to quit his work.

'A fellow-employee, who was deceased's assistant on the crane, testified that the crane could be operated by simple movement of the levers; that on the day deceased died, while half through unloading a gondola car, suffered pain over his chest and stopped working for a while. In a few minutes he continued the unloading, which he completed about 3:30 p. m., the unloading taking about one hour. Deceased left the crane to perform some minor superintending duties around the plant. At 5:30 p. m., when deceased was in the dressing room washing and changing his clothes, he suffered an attack of coronary thrombosis and died almost instantly. The post mortem report gives the cause of death as coronary thrombosis.

'Plaintiff's wife testified that on the day before death her husband returned from work tired and sat on a stool in the kitchen. He complained of pains in his chest and down his arms, and suddenly became nauseated and vomited; wouldn't eat his dinner, and went to bed. She thought he had indigestion. The medical testimony is that vomiting is an objective symptom of coronary thrombosis. Plaintiff widow also testified that if deceased walked rapidly or ran for a street car he would get out of breath and experience these pains; that his mere attempt to lift a household Hoover sweeper would cause the pains.

'Deceased returned to work the next day at the usual hour in the morning and died that evening in the manner set forth above.

'Deceased had been operating the crane for five years. On the day of his death his duties were no different than they had been for the previous five years.

'Though the day in question was a mid-August day, the Government Climatological Report shows the sky was cloudy and the mean temperature about 75; winds were not severe or abnormal.

'There is considerable medical testimony as to the difference between coronary insufficiency and coronary thrombosis, but the pleadings and the death certificate shows death was due to coronary thrombosis; that coronary thrombosis occurs more frequently when people are idle than when they're active, and that attacks of coronary thrombosis may and frequently occur while a person is sitting down, or during sleep.

'While a heart attack is not an accident within the purview of the Workmen's Compensation Law [LSA-R.S. 23:1021 et seq.], yet if an employee has a pre-existing heart condition which is aggravated by his work, excessive heat, intense hard labor, sudden fright or attack, or any other stress that might aggravate such condition and cause disability or death, such resulting disability or death would be compensable under the Workmen's Compensation Law.

'It is now well settled that to constitute an accident within the meaning of our Workmen's Compensation Law in cases where the worker employee entails regular heavy physical effort, it is not necessary that the injury from which disability follows be the result of unusual physical effort if a diseased organ gives way while the laborer is performing his usual and customary heavy duties and disability results it is compensable. Stiles v. International Paper Co. [La.App.], 39 So.2d [635] 636, and the cases therein cited.

'If excessive heat, heavy lifting or strain, although usual and customary, cause or contribute to physical breakdown of employee or accelerates its occurrence because of a pre-existing condition, a compensable accident occurs....