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Hatcherson v. Diebold11/2/2000
edominant and major cause of the pulmonary thromboembolism. However, Dr. Iteld never examined Mr. Hatcherson. Even if Dr. Iteld had conducted an examination as did his treating physician, Dr. Kinchen, our jurisprudence accords superior weight to the treating physician. It is clear under Louisiana law that " he diagnosis and opinions of treating physicians are entitled to more weight than those doctors examining the plaintiff for litigation purposes only." Jaeckle v. Dresser Industries, Inc., 457 So.2d 646, 648 (La.1984).
Dr. Iteld also testified that it was a combination of Mr. Hatcherson's obesity and his venous condition which caused his death. However, even if there were a pre-existing condition, nevertheless workers' compensation benefits are payable when a work-related accident aggravates or accelerates it, producing disability. Johnson v. Travelers Insurance Co., 284 So.2d 888 (La.1973). Based on the testimony presented at trial, it is uncontradicted that Mr. Hatcherson was very immobile from his accident in June 1996 to his death in February 1997. Dr. Kinchen testified that this increased immobility could cause the increased likelihood of a pulmonary embolism. A claimant is only required to show that the work related accident aggravated or accelerated a current condition. Mr. Hatcherson met the second prong of the statute requiring that he prove by clear and convincing evidence that his physical work stress or exertion, and not some other source of stress or pre-existing condition, was the predominant and major cause of the heart-related or perivascular injury , illness or death.
The trial court did not commit manifest error and was not clearly wrong. Thus, we affirm the judgment of the Office of Workers' Compensation Administration that Mr. Hatcherson's physical work stress or exertion was the predominant and major cause of his perivascular injury leading to his demise and awarding benefits to Mrs. Hatcherson.
IV. CONCLUSION
Nathaniel Hatcherson suffered a perivascular injury when he succumbed to the throes of a pulmonary thromboembolism. Mrs. Hatcherson showed by clear and convincing evidence that her husband's work stress was extraordinary and unusual in comparison to the stress or exertion experienced by the average employee in that occupation. Mrs. Hatcherson has also sustained the burden of proving that the prior work-related accident that left her husband virtually immobile had a causal relationship to the pulmonary thromboembolism and the physical work stress was the predominant and major cause of his perivascular condition.
Accordingly, we affirm the judgment of the trial court; all costs are assessed against the defendant-appellant, Diebold, Inc.
AFFIRMED.
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