Mouton v. Marquette Cas. Co.

• Court: Court of Appeal of Louisiana
• Writing for the Court: FRUGE
• Citation: Mouton v. Marquette Cas. Co., 109 So.2d 227 (La. App. 1959)
• Decision Date: 26 January 1959
• Docket Number: No. 4727,4727
• Parties: Aros MOUTON, Plaintiff-Appellee, v. MARQUETTE CASUALTY COMPANY, Defendant-Appellant.

Page 227

109 So.2d 227

Aros MOUTON, Plaintiff-Appellee, v. MARQUETTE CASUALTY COMPANY, Defendant-Appellant.

No. 4727.

Court of Appeal of Louisiana, First Circuit.

Jan. 26, 1959.

Rehearing Denied March 9, 1959.

Bruner, Mayeux & Landry, Crowley, for appellant.

Dugas, Bertrand & Smith, Lafayette, for appellee.

Before ELLIS, LOTTINGER and FRUGE , JJ.

FRUGE , Judge ad hoc.

This is a suit brought under the provisions of the Workmen's Compensation Act, LSA-R.S. 23:1021 et seq., by the plaintiff, Aros Mouton, against his employer's insurer, Marquette Casualty Company. In his original petition filed November 15, 1955, plaintiff alleges that on or about March 9, 1955, while in the course of his employment by Dorce Rice Mill, he was accidentally injured when a rice cart which he was pushing was struck by a cart being pushed by another employee, and as a result of which accident plaintiff suffered an injury to the middle portion of the lumbar spine, which injuries have permanently disabled him from doing work of any reasonable character whatsoever and in particular from performing his occupation as a laborer. Plaintiff prays for judgment against the insurer in the sum of $20.80 per week for a period of 400 weeks subject to a credit for compensation payments previously made.

Defendant answered the suit denying that the plaintiff was disabled as alleged by him and, in the alternative, that if the plaintiff was suffering any disability it was from a cause entirely disconnected with the alleged accident and in further alternative that plaintiff had completely recovered from any disability which he might have suffered as a result of the alleged accident of March 9, 1955, prior to September 27, 1955.

On September 29, 1956, ten months after the original suit was filed, plaintiff filed a supplemental and amended petition wherein he alleged that in addition to the injuries described in the original petition plaintiff was suffering from a severe anxiety state as a result of the alleged accident which condition renders him totally and permanently disabled.

The occurrance of the accident, the hazardous nature of the employment, the insurance coverage, the compensation rate of the plaintiff and the amount of compensation previously paid were not at issue and the only question before the trial court was whether as a result of the accident of March 9, 1955, the plaintiff, Aros Mouton, was totally and permanently disabled within the meaning of the Workmen's Compensation Act and therefore entitled to 400 weeks compensation.

The trial court found that the plaintiff was suffering from a neurosis which rendered him totally disabled within the meaning of the workmen's compensation law which disability, however, was temporary rather than permanent and rendered judgment in favor of the plaintiff and against the defendant for compensation at the rate of $20.80 per week commencing March 9, 1955, for the duration of plaintiff's disability, not however, to exceed 300 weeks, with interest on all past due installments together with medical expenses and all costs. From this judgment the defendant has appealed and the plaintiff has answered the appeal praying that the judgment be amended so as to increase the award to 400 weeks.

The two important issues are questions of fact as the law seems to be clear. A close study of the record has convinced us that the findings of the trial court are correct and we cannot say that he is manifestly erroneous in his evaluation of the facts and its resulting conclusion. We take the liberty of quoting his judgment as our own:

'Plaintiff, alleging a disabling injury occurring while he was working as a rice mill laborer for Dore Rice Mill of Crowley, Louisiana, sues defendant Marquette Casualty Company as compensation insurer for his former employer. The accident occurred on or about March 9, 1955, the suit was tried on January 11, 1957, and although the note of evidence was prepared and filed January 17, 1957, briefs of counsel were not complete and the matter did not reach the Court until January 10, 1958, for decision.

'The accident, injury and compensation insurance coverage, together with the amount of compensation payable, in the sum of $20.80 per week, are admitted, and that same was paid for a total of twenty-nine weeks. The primary contention of plaintiff is set forth in a supplemental petition filed September 29, 1956, alleging that as result of the accident and injury, the claimant is suffering from a severe anxiety state rendering him totally and permanently disabled from returning to his former occupation as a laborer.

'The medical testimony consists of the depositions of Dr. Gilly and Dr. Meuleman, orthopedic surgeons of Lafayette, Dr. Des Ormeaux, a general practitioner of that city, and three psychiatrists, Drs. McCray and R. Fisher of Lafayette, and R. Freedman of New Orleans, all of whom enjoy excellent professional reputations as experts in their fields.

'Dr. Gilly and Dr. Meuleman found plaintiff to be fully recovered from his accidental injuries, and Dr. Des Ormeaux found some objective symptoms, such as muscle spasm of his examination of November 18, 1955. Dr. Des Ormeaux treated plaintiff until July 25, 1956, at which time he felt that there was some definite anxiety state in the man, as was indicated by his complaints to him, and the fact that he was not progressing under the treatment he was receiving satisfactorily, so he recommended an evaluation by a neuro-psychiatrist in June 1956. The Court notes that both Dr. Gilly and Dr. Meuleman had found no objective symptoms of the injury prior to the time Dr. Des Ormeaux examined him, and were of the opinion that he was able to return to work. Both of these doctors had examined Mouton in 1954, and reported no change in his back since that time.

'Dr. McCray and Dr. Fisher were both of the opinion that Mouton is suffering from an anxiety neurosis which causes him to...