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Tranchant v. Environmental Monitoring Service12/13/2000
Plaintiff did not prove a mental/mental injury by clear and convincing evidence. There was no unexpected and unforeseen event that occurred suddenly or violently. The escape of the chemical was similar to the steam releases. Further, the release of chemicals from the equipment in that manner was an expected event. It was because of those incidents that the EMS workers were hired to monitor the equipment. Thus, from the point of view of an ordinary reasonable person, the stress caused by the event itself does not meet the test of R.S. 23:1021(7)(b).
Furthermore, the workers' compensation judge accepted the conclusion of Dr. Culver over that of Dr. Blotner that Plaintiff does not have PTSD. This is a reasonable finding based on the conflicting evidence. Thus, we find that the workers' compensation judge did not err in finding that Plaintiff failed to prove by clear and convincing evidence that any of her symptoms are related to chemical exposure.
Accordingly, the judgment of the workers' compensation judge is hereby affirmed. Costs of this appeal are to be paid by Plaintiff.
AFFIRMED.
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