Luneau v. Hanover Ins. Co., 84-852
| Decision Date | 07 November 1985 |
| Docket Number | No. 84-852,84-852 |
| Citation | 478 So.2d 752 |
| Parties | Robert Larry LUNEAU, Plaintiff-Appellee, v. The HANOVER INSURANCE COMPANY, et al., Defendants-Appellants. |
| Court | Court of Appeal of Louisiana — District of US |
J. Edward Knoll, Alexandria, for plaintiff-appellant.
Stafford, Stewart & Potter, Larry A. Stewart, Alexandria, for defendants-appellees.
Gold, Simon, Weems, Bruser, Sharp, Sues & Rundell, Sam N. Poole, Jr., Alexandria, for defendant-appellee.
Before GUIDRY, STOKER and KING, JJ.
Robert L. Luneau brought this worker's compensation action to recover disability benefits, penalties and attorney's fees from defendant, The Hanover Insurance Company (Hanover), the worker's compensation insurer of Robert Luneau's former employer, Luneau's Mobile Homes, Inc. (hereafter Luneau's) 1. Following Robert's death, his widow, Glenda Dunlap Luneau, individually and as Administratrix of the estates of her three minor children, was substituted as plaintiff in this action. The petition was thereafter amended to include a demand for worker's compensation death benefits. Ed's Manufactured Housing, Inc. (Ed's) and Travelers Insurance Company (Travelers) intervened in the suit, seeking contribution from Luneau's and Hanover for one-half of all worker's compensation benefits paid by them to or on behalf of Robert Luneau.
Following a trial on the merits, judgment was rendered in favor of plaintiff and against Luneau's and Hanover for partial disability benefits for the period from April 26, 1981 to December 1, 1981. Also, Luneau's, Hanover, Ed's and Travelers were found solidarily liable for worker's compensation death benefits beginning November 29, 1982. Finally, judgment was rendered in favor of intervenors, Ed's and Travelers, and against Luneau's and Hanover for contribution for one-half ( 1/2) of all death benefits paid and to be paid by intervenors. The trial court denied plaintiff's claims against Hanover for penalties and attorney's fees.
Plaintiff appeals devolutively from the trial court judgment raising the following issues:
1. Whether the trial court erred in making a "closed award" of worker's compensation benefits for the period April 26, 1981 to December 1, 1981 at the rate of $163.00 per week against Luneau's and Hanover, in lieu of an award of maximum benefits for the period April 26, 1981 to the date of his death on November 29, 1982; and,
2. Whether the trial court erred in failing to find Hanover arbitrary and capricious in its refusal to pay Robert Luneau worker's compensation benefits.
Defendant, Hanover, answered the appeal raising the following issues: 2
1. Whether the trial court erred in finding that Robert Luneau's heart attack of April 26, 1981 occurred during the course and scope of his employment with Luneau's; and,
2. Whether the trial court erred in finding that Robert Luneau's fatal heart attack of November 29, 1982 was contributed to by his first heart attack of April 26, 1981.
Luneau's, Ed's and Travelers have neither appealed from the trial court's judgment nor answered plaintiff's appeal.
Robert Luneau, 41 years old, was employed by Luneau's as lot manager at its Crowley location. He started working for Luneau's in 1978. His duties as lot manager included taking care of all sales and service problems, buying mobile homes for the lot, keeping up the insurance, handling all complaints, and arranging credit for potential buyers. As lot manager, Robert was required to live on the lot in a mobile home. His wife and three children lived in Effie at the time and saw him on weekends. The lot was open for business from 8:00 a.m. until 8:00 p.m. six days a week, and on Sundays from 1:00 p.m. until 7:00 p.m. Robert testified in deposition that he continued to receive phone calls from customers after hours since the business phone also rang in his trailer on the lot.
On Wednesday, April 22, 1981, Robert experienced dizziness, weakness and a tightness in his chest while working at the sales lot. He tried to get a doctor's appointment in Crowley but was unable to arrange one. He then called his wife in Effie and asked her to make an appointment for him with Dr. Richard Michel, his physician, in Marksville. Mrs. Luneau arranged an appointment with Dr. Michel for the following day. Robert notified his wife on Thursday that he would be unable to keep the appointment with Dr. Michel because of the press business at the lot. He asked that she make an appointment for him for the following day. Because Dr. Michel's office was closed on Friday, April 24, 1981, Mrs. Luneau arranged an appointment for her husband for Monday, April 27, 1981.
Robert worked in varying degrees of pain and discomfort on Wednesday, Thursday and Friday. After closing at around 7:00 p.m. Friday night, he drove home to Effie. He felt bad on Saturday and, according to his deposition testimony, just laid around the house all day. He was awakened early Sunday morning, April 26, 1981, with sharp pains in his chest. He immediately went to Marksville General Hospital where he was treated by Dr. Michel and diagnosed as having suffered an acute myocardial infarction (heart attack). He remained hospitalized until May 7, 1981.
Robert returned to work at Luneau's several weeks after his heart attack. He testified that upon his return he felt weak and had to rest on and off during the work day. He claimed that the pressure from his job caused him pain in his chest and forced him to take nitroglycerine tablets to relieve the pain.
On June 15, 1981, Robert was examined by Dr. Louis L. Leatherman, a specialist in internal medicine in Houston, Texas. Dr. Leatherman performed a left heart catheterization on Robert and found that he had impressive triple vessel disease. Dr. Leatherman did not feel that bypass surgery was warranted at that time but did recommend a continued course of medical management. Dr. Leatherman also encouraged Robert to quit smoking, lose about 15 pounds and become actively involved in a walking program.
Robert returned to work at Luneau's following his trip to Houston. He was unable to perform all of the duties that he had done prior to his attack and relied on the help of his co-workers. He could only walk short distances at a time and had to rest between sales. On September 24, 1981, Robert was taken to the emergency room at the Crowley American Legion Hospital as a result of chest pains and dizziness. He was then transferred by ambulance, against the hospital's advice, to Marksville General Hospital where he was examined by Dr. Michel. He remained in intensive care for three days and was thereafter released on bed rest. Dr. Michel testified that Robert did not suffer a true infarction at this time, but that he just had some angina.
Robert ceased working for Luneau's in October of 1981, allegedly due to conflicts between himself and his boss, A.T. Luneau. Robert then obtained employment with Ed's Manufactured Housing, Inc. in Alexandria, in December of 1981 as a salesman. Mrs. Luneau assisted her husband in his duties at Ed's, since Robert was unable to do much walking. Robert testified that he was under considerably less pressure at Ed's than he was at Luneau's, since he no longer was responsible for the managerial aspects of the job.
Following three unanswered demand letters to Hanover, Robert filed suit on February 9, 1982, seeking worker's compensation benefits. Robert's petition alleged that he was totally and permanently disabled as a result of his April 1981 heart attack, or alternatively, that he was temporarily totally disabled. He also sought penalties and attorney's fees due to Hanover's alleged arbitrary and capricious denial of benefits.
Hanover answered the petition, alleging that plaintiff was not entitled to worker's compensation benefits since the April 1981 heart attack occurred while Robert was asleep at home and not "in the course and scope of his employment".
On October 7, 1982, while on the job at Ed's, Robert suffered another heart attack. He was hospitalized at Marksville General Hospital for approximately ten days. He was diagnosed as having an acute myocardial infarction, arteriosclerotic heart disease and diabetes mellitus. He spent another week of rest at home before resuming his duties at Ed's. Upon his return to Ed's, Robert was only able to work half days. Dr. Michel examined Robert on November 1st and 15th and found him to be doing all right. Robert was advised to increase his activity.
On November 25, 1982, Robert was readmitted to Marksville General Hospital with another myocardial infarction. After developing severe complications, Robert died on November 29, 1982. Travelers has paid the maximum death benefits allowed by law since Robert's death.
Trial on the merits was held on July 22, 1983. The trial judge made the following findings of fact in his written reasons for judgment:
1. Robert's job at Luneau's caused him great stress which ultimately resulted in a myocardial infarction which occurred on April 26, 1981 at his home in Avoyelles Parish;
2. The heart attack of April 26, 1981 was work-related and caused by his employment with Luneau's;
3. Robert was forced to resign from employment with Luneau's because the pressure from his employment caused him to experience extreme chest pains;
4. Robert's earnings following his employment with Ed's exceeded his earnings while employed at Luneau's;
5. Robert's fatal heart attack of November 29, 1982 3 was contributed to by his first heart attack of April 26, 1981;
6. Travelers Insurance Company is presently paying the maximum death benefits allowed by law; and,
7. Hanover was not arbitrary and capricious in the handling of this matter.
In accordance with these findings of fact, judgment was signed on October 11, 1983, providing the following:
"...
1. That there be and is judgment herein in favor of plaintiff, GLENDA DUNLAP LUNEAU, individually and as Administratrix of the estate of her minor children, Bridgett...
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