 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Goodne v. B E & K Construction6/23/2000
Judgment rendered June 23, 2000.
Application for rehearing may be filed within the delay allowed by art. 2166, La. C.C.P.
The plaintiff, Ronald G. Gooden, Sr., appeals from a decision by a workers' compensation judge (WCJ) finding that he failed to show by clear and convincing evidence that his heart attack was attributable to extreme physical exertion on his job as a piping field engineer for the defendant, BE&K;Construction (BE&K;. We affirm.
FACTS
The defendant had a reputation for being a "fast track" company and stressed doing hard jobs in a short amount of time. The plaintiff began working at the company in 1985. He has a home in Columbia, Louisiana and has a trailer that he lives in near job sites. In 1996, the plaintiff was working for the defendant on the construction of a test facility for a pharmaceutical company in South Carolina. The facility was shut down during the construction process. In order to hasten the completion of the work, the plaintiff generally worked 12-14 hour days. When the project fell behind, the company held "tent meetings" at 6:00 a.m. and 6:00 p.m. daily and encouraged employees to rush the project along, at the risk of losing their jobs. The plaintiff claims that he was specifically under pressure and was often cursed at during these meetings. In an effort to speed the work along, the plaintiff frequently carried work materials up ladders and stairs himself. At that time, he began to experience some pain in his shoulder. He attributed this to bursitis.
After the South Carolina project was completed, the plaintiff worked briefly in California and in North Carolina. He then asked to be assigned to the Cabot facility in Franklin, Louisiana. The facility processed or manufactured carbon black by using gas fired reactors and high heat. BE&K;was hired to create a duct work incinerator and process piping in order to reduce the amount of "tail gas" that was being emitted into the atmosphere. "Tail gas" is a byproduct of the carbon black process and can be lethal. Some of the work was conducted while the plant was operational. BE&K;employees were equipped with gas monitors to protect against exposure to the tail gas. Also, thermal blankets were utilized to protect against the extremely high temperatures to which the workers were exposed. This project also fell behind schedule and the daily meetings were held, as they were in South Carolina. The facility in Franklin had five flights of stairs. The plaintiff frequently carried equipment up and down the stairs as he did in South Carolina. While the plant was temporarily shut down for a portion of the project, the plaintiff was also required to work 12-14 hour days.
On November 24, 1996, while carrying equipment up and down stairs, the plaintiff again experienced shoulder pain. He left work that afternoon and went to his trailer in Franklin. On November 25, the plaintiff returned to his home in Columbia, approximately 200 miles away. That night, the plaintiff's shoulder pain persisted and he slept on the couch. Around 2:00 a.m. on November 26, 1996, he awoke with severe pain. He was taken to the hospital and it was determined that he had suffered a mild heart attack. The 55-year-old plaintiff, who smoked two or more packs of cigarettes per day, had one coronary artery that was totally blocked and another that had a significant blockage. An angioplasty was attempted to clear the blockage, but was unsuccessful.
It appears that the plaintiff filed to obtain disability insurance benefits. In June 1997, the plaintiff's employment with BE&K;was terminated due to a reduction in force. The plaintiff received a severance package and also ap
Page 1 2 3 4 5 6 7 Louisiana Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|