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Hatcherson v. Diebold11/2/2000
AFFIRMED.
THIBODEAUX, Judge.
The defendant-appellant, Diebold, Inc., appeals the judgment of the Office of Workers' Compensation Administration in favor of plaintiff-appellee, Balladette Hatcherson. Mrs. Hatcherson's husband, Nathaniel Hatcherson, died on February 1, 1997 of a pulmonary thromboembolism. Mr. Hatcherson's death occurred several months after a work-related accident where he sustained a lumbar herniated disk.
The workers' compensation judge (hereinafter "WCJ") ruled that Mr. Hatcherson's death was a compensable perivascular event and considered a personal injury by an accident arising out of and in the course of employment in accordance with La.R.S. 23:1021(7)(e). For the following reasons, we affirm.
I. ISSUES
The issue presented for review is whether the workers' compensation judge erroneously concluded that Mr. Hatcherson's condition was compensable under La.R.S. 23:1021(7)(e) which relates to a heart-related or perivascular injury , illness or death.
II. FACTS
Nathaniel Hatcherson injured his lower back on June 5, 1996 when he lifted a five-gallon container of water at the Diebold office in Lafayette where he was employed. At the time of the accident, Mr. Hatcherson weighed between 300 and 450 pounds. Mr. Hatcherson had been obese his entire adult life. Mr. Hatcherson sought medical care from Dr. Gerald Watts, Dr. Ernest Kinchen and Dr. Jack Hurst. Dr. Watts diagnosed a lumbar herniated disc and recommended that Mr. Hatcherson have surgery after he lost weight. Mr. Hatcherson continued to fulfill his duties as a customer service manager during the time of his injury and to earn his full salary of $950.31 per week. If Mr. Hatcherson chose not to work during his injury, he would have been entitled to receive the maximum rate of compensation benefits. From June 5, 1996 until the time of his death on February 1, 1997, Mr. Hatcherson conducted most of his work-related activities from his home, while lying in bed or on the floor.
During this time, Mr. Hatcherson spent between sixteen and eighteen hours a day lying down. Mr. Hatcherson's job did not involve heavy manual labor but rather office-type work where he supervised a number of employees.
On February 1, 1997 while traveling from a work-related meeting in San Antonio, Texas back to his home in Lafayette, Louisiana, Mr. Hatcherson and his wife stopped over at the home of a friend who lived in Kingswood, Texas. He was too ill to continue to Lafayette. Mrs. Hatcherson testified that by the time they had arrived in Kingswood, Mr. Hatcherson was in such severe pain that he could no longer ride in the company van. When they arrived at their friends' home, Mr. Hatcherson stayed on the couch for four or five hours. He took his medicine and went to bed because he was feeling badly. The couple awoke the next morning at 5:00 a.m. but Mr. Hatcherson was in such severe pain he could not get out of bed. Later that morning he was able to make it to the bathroom where he remained in the bathtub for several hours. He was still in tremendous pain and felt he was unable to leave for Lafayette. Finally that evening he felt he could make the trip home but his wife was fatigued so they decided to lie down for a while. Mrs. Hatcherson testified that he laid down on the floor next to her and put his arm around her. He then became violently ill and experienced the sudden perivascular event. Repeated attempts of CPR failed. The cause of death was listed as a pulmonary thromboembolism.
III. LAW AND DISCUSSION
Standard of Review
An appellate court in Louisiana is constitutionally authorized to review both law and
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