West v. Bayou Vista Manor, Inc.

• Decision Date: 21 May 1979
• Docket Number: No. 63587,63587
• Citation: 371 So.2d 1146
• Parties: Delma WEST, Plaintiff-Appellant-Relator, v. BAYOU VISTA MANOR, INC., et al., Defendants-Appellees-Respondents.
• Court: Louisiana Supreme Court

Page 1146

371 So.2d 1146

Delma WEST, Plaintiff-Appellant-Relator, v. BAYOU VISTA MANOR, INC., et al., Defendants-Appellees-Respondents.

No. 63587.

Supreme Court of Louisiana.

May 21, 1979.

John M. Shaw, Lewis & Lewis, Opelousas, for defendants-respondents.

John Saunders, Ville Platte, for plaintiff-applicant.

TATE, Justice.

We granted certiorari to review the denial of an employee's claim for workmen's compensation.

The plaintiff, Mrs. West, sues her employer (Bayou Vista) and its insurer for workmen's compensation injuries. The trial court essentially found that the plaintiff's uncontradicted testimony did not prove the accident occurred at work, for reasons we find insufficient.

The court of appeal noted the trial court's reasons for refusing to accept the plaintiff's uncontradicted testimony of the work-accident. Without reviewing the sufficiency of the trial court's reasons, the court of appeal affirmed the trial court's dismissal of the claim as a merely factual determination not reviewable in the absence of manifest error.

We granted certiorari, 366 So.2d 913 (La.), because the intermediate court (in deeming this to be a merely factual dispute) had failed to review the plaintiff's contentions, which indicated that, under applicable legal principles, the trial court erred in refusing to accept the employee's uncontradicted testimony proving the accident, corroborated by medical examinations immediately subsequent thereto which proved continuous disability.

General Principles Applicable

In a workman's compensation suit, the employee must establish the work-accident causing the injury by a preponderance of the evidence i. e., "the testimony, as a whole, must show that more probably than the employment accident caused the disability." Gradney v. Vancouver Plywood Co., Inc., 299 So.2d 347, 349 (La.1974). The causal relationship may be inferred when there is proof of an accident and an ensuing disability without an intervening cause. Johnson v. Travelers Insurance Co., 284 So.2d 888 (La.1973).

In evaluating the evidence, the trier of fact should accept as true the uncontradicted testimony of a witness, even though the witness is a party, at least in the absence of circumstances in the record casting suspicion on the reliability of this testimony. Olds v. Ashley, 250 La. 935, 200 So.2d 1 (1967); Farley v. Ryan Stevedoring Co., 238 La. 1048, 117 So.2d 587 (1960); Bonanno v. Decedue, 186 La. 1041, 173 So. 756 (1937). ¹ (In each of these instances, the trial court's finding of fact was reversed due to its failure to observe this principle.)

The Facts

At the time of the accident alleged, Mrs. West was employed as a nurse's aid at a nursing home for elderly citizens operated by her employer, Bayou Vista. Her duties included lifting heavy patients, making beds, and other manual labor. At the time of the accident, she had been so employed and had performed her duties without difficulty or complaint for some fourteen months.

No evidence contradicts her testimony of the work-accident(s). It is as follows:

On March 17, 1977, while lifting an elderly patient, Mrs. West suffered a twisting injury to her back. Her back hurt, but she did not then feel she had sustained a serious injury. However, her back started hurting worse when she continued working. She mentioned her complaints to her co-workers, but she continued performing her duties on that day and on the following (the 18th) day with the assistance of one of them.

She took several days off from work, in addition to the two days to which she was entitled, to give her back time to get better. She returned to work on March 29 and again on March 30, performing her duties as well as she could. Finally, however, on the morning of the 30th, her back became subject to great pain when subjected to the weight of an old lady she was helping to stand, and she dropped the lady. She then punched the time clock and went home.

She returned to work on April 2, 3, 4, and 5, suffering pain but performing her duties, the heavier ones with the assistance of a co-worker. She was off on April 6 and 7. However, since her back was still hurting and seemed to becoming worse, she reported to her family physician, Dr. John Tassin. She has never worked since.

Dr. Tassin examined Mrs. West on that date. Then, she complained of an injury to her lower back sustained in picking up a patient. He found objective symptoms of disability, including muscle spasm, positive straight leg raising, and decreased reflexes in both Achilles and knee jerks on the left. He gave her some medicine. When she returned on April 25 with continued complaints, he referred her to a neurosurgeon. After this specialist diagnosed the cause of Mrs. West's pain and disability as a ruptured intervertebral disc, Dr. Tassin has continued to treat her for low back pain, with physical therapy and medication.

The neurosurgeon, Dr. William Foster, examined Mrs. West on April 28. Her subjective complaints of low back pain radiating into the legs were corroborated by a scoliosis (pelvic tilt to the left) and by positive results to leg-raising tests, as well as by the absence of or diminished ankle jerks. Suspecting a disc involvement, the specialist ordered x-rays and a myelogram. After reviewing same, Dr. Foster was of the definite opinion that Mrs. West had sustained a ruptured disc in the lower back. The physician recommended surgery as the only method of alleviating the disability caused by the ruptured disc. He also felt the ruptured disc had resulted from lifting a patient or straining.

The substance of the testimony of these two doctors is that, since the first medical examination on April 7 (shortly after Mrs. West alleges to have had a work-accident causing injury to her back), Mrs. West has been disabled by the painful effects of a ruptured disc, and that this disabling injury is consistent with Mrs. West's history of having suffered back pain while lifting a patient on March 17 or so, shortly before their first examinations. The nature of the injury (a ruptured disc) is regarded by them as almost conclusively established by the myelogram, as well as the objective symptoms indicated to them on their examinations.

(We may say, here, that if this virtually ² undisputed disability resulted from an accident at work is correct, the record reflects that the claimant a lady aged 48 years, with a fourth grade education and employable only in manual labor is totally and indefinitely disabled from any gainful employment and is thus entitled to compensation for permanent and total disability, La.R.S. 23:1221(2) (1975), during disability.)

Trial Court's Reasons for Judgment

As we understand the trial court's reasons for judgments, it did not reject the medical testimony that the plaintiff is presently disabled from any gainful employment by reason of a ruptured intervertebral disc in her lower back. Rather, in holding that the plaintiff had not proved her case by a preponderance of the evidence, the trial court noted certain factors which gave it concern as to whether the undoubted disability had resulted from an accident at work.

We note these factors, and the reasons why they were insufficient under the circumstances to discount the plaintiff's uncontradicted and unsuspicious testimony of her accident, as follows:

1. Mrs. West had prior back problems. This statement was based upon the x-rays showing that she had a more or less congenital back defect (at a place other than the ruptured disc) of a non-disabling nature, as well as upon a statement in the alleged history given by her to an examining neurosurgeon that, five years earlier she had sustained a straining injury to her back which had kept her off work for eight months.

Aside from circumstances indicating that the history was incorrectly transcribed, ³ the uncontradicted testimony shows that Mrs. West had worked at nursing aid jobs and manual labor without difficulty or complaint prior to the claimed accident of March 17, 1977. Even if there were a pre-existing latent back disability, nevertheless workmen's compensation benefits are payable when a work-accident aggravates or accelerates it, producing disability. Johnson v. Travelers Insurance Co., 284 So.2d 888 (La.1973). "A claimant's disability is presumed to have resulted from an accident, 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 that the medical evidence shows there to be a reasonable possibility of causal connection between the accident and the disabling condition." Lucas v. Insurance Company of North America, 342 So.2d 591, 596 (La.1977).

2. In August, 1977, Mrs. West was involved in an automobile accident in which she injured her back. However, the August accident occurred after the April, 1977 medical examinations which found that, by reason of a ruptured intervertebral disc, Mrs. West was totally and indefinitely (i. e., without major surgery, which might alleviate her disability somewhat) disabled from any heavy work. Further, without contradiction, her attending physician (Dr. Tassin) for both the work-accident(s) and the automobile accident, negatived any connection of the latter (automobile) accident with the plaintiff's present disability.

3. Mrs. West's original petition alleged the first accident of March 17, without reference to the second lifting accident of March 30 to which she testified at trial. ⁴ However, the plaintiff's back complaints commenced with the first lifting incident of March 17, which is connected in continuous sequence with the second precipitating incident of March 30 (see footnote 4). We are unable to see any reason to doubt her credibility as to either incident because of her consistent ascription of...