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Brown v. Southeast Loisiana Contractors of Norco11/30/1999
AFFIRMED
Claimant/appellant James D. Brown filed a claim for worker 's compensation , averring that as a result of his exposure to the toxic chemical sodium hydroxide he suffered acute injuries to his upper respiratory system and severe neurotoxicity and was disabled . Penalties and attorney fees for arbitrary and capricious refusal to pay compensation and medical benefits were also requested. His employer, Southeast Louisiana Contractors, disputed the claim. Following a trial, the court found the claim was without merit and dismissed the case. We affirm, finding that Mr. Brown failed to prove that he sustained a compensable injury.
Mr. Brown was a 51 year old pipefitter employed at Southeast Louisiana Contractors. According to his testimony, on the date in question Mr. Brown was working along with 12 other men in a "fab tent", a metal construction on a concrete slab into which water was draining. His supervisor was Jerry Pitch. On that morning, the wind was blowing forcefully and he had been smelling ammonia since about 9:00 a.m., but paid no attention because he was busy. Brown had been told by his foreman that there was nothing to worry about. At around 11:00 a.m., he was cutting a fitting and when he stood up, he felt dizzy and put the fitting on a tripod. He ran outside and vomited. The employees were moved about a quarter of a mile away and stayed there for about an hour and a half. Mr. Brown reported the illness to his foreman and safety man. On the way to the safety trailer, there were 12 or 13 men ahead of him and someone was telling them that the lids had been left off a mixing vessel and that some of the gas had escaped in a contained area. Mr. Brown was sweating and had a bad headache. When he arrived at the safety trailer, he was given oxygen and something for his upset stomach. He noticed that he couldn't smell his clothes. Feeling better, he went back to work. He started throwing up again and got a cold chill.
The next morning his lungs were burning. At work, at the safety trailer, he asked for and was given a material data safety sheet (MSDS) for sodium hydroxide. Mr. Brown did not remember exactly what his employer told him about the chemical to which he was exposed. He asked to be examined by a doctor and was sent to Dr. Henning. He complained that his lungs burned, that he had headaches and that he was vomiting. He was given a chest inhalant for poisonous gas, and medication for his stomach and headaches. Mr. Brown attempted to return to work but got sick. He was cleared for light duty work, but none was offered to him. He was later suspended from work. He was treated by Dr. Joyner. In addition to the headaches, nausea and loss of smell, Mr. Brown also testified that his hands and feet go numb and that he has lost 30% of his vision in his right eye. All he can do now is light work around the house.
Jerry Hamilton, safety technician at Southeast, testified that a contractor on the premises was using sulfuric acid to neutralize a caustic solution of sodium hydroxide, releasing the compound hydrogen sulfide. The odor came from that area. The waste container is located about 120-150 yards north of the fab tent. The wind was out of the north that day. The tank is about 40 feet long and 10 feet tall. Immediately following reports of the problem, at about 11:00 a.m., Mr. Hamilton was called to the site. Employees working in the fab tent had been pulled out as a precaution but not evacuated. He made some measurement tests with a "multigas" monitor. Sodium hydroxide is either a liquid or a solid, and cannot exist as a vapor in the atmosphere, so it could not have been leaking from the tank. The permissible exposure limit for hydrogen sulfide is 10 parts per mi
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