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Favorite v. Louisiana Health Care Authority.12/16/1998
FAVORITE v. LA. HEALTH, 98-721 (La.App. 5 Cir. 12/16/98,)
APPEAL FROM OFFICE OF WORKERS' COMPENSATION , STATE OF LOUISIANA.
Plaintiff, Linda Favorite, appeals from a judgment in a workers' compensation case in favor of defendant, Louisiana Health Care Authority. We affirm.
Plaintiff was employed as a custodian with defendant since 1980. On January 8, 1996, she filed a disputed claim for workers' compensation benefits alleging that, on December 29, 1994, she was injured when one of her supervisors, Robert Russ (Russ), used abusive language in a screaming voice. It was alleged and shown at trial that Russ targeted plaintiff on a daily basis for verbal reprimands related to areas that she was not assigned to clean and because she was a woman. Plaintiff had anxiety attacks and crying episodes as a result of the pattern and practice of Russ's harassment and she filed a grievance against him for his conduct. On December 29, 1994, Russ allegedly reprimanded her for not cleaning an area that was assigned to someone else. When she attempted to defend herself, he told her to shut up and pointed a finger in her face. At this time, she experienced physical numbness and twitching in her face, a skin rash and she thought she was having a stroke. Plaintiff sought medical treatment after the incident, but continued to work. Evidence at the hearing showed that Russ was hostile toward all the women workers and was abusive to other employees, as well as plaintiff. As a result of Russ' continuing abusive conduct, plaintiff stopped working on January 4, 1995. She alleges that she is disabled due to the work stress. Plaintiff contends that she worked under these adverse conditions from 1993 through January 4, 1995.
Following the hearing on her claim for workers' compensation benefits, the trial Judge rendered a judgment in defendant's favor, finding that plaintiffs mental injuries are not compensable under La.R.S. 23:1021 (7)(b).
On appeal, plaintiff, in proper person, asserts that she is entitled to benefits because Russ's acts of hostility against her are prohibited by La.R.S. 51:2231 and 51:2264.
La.R.S. 51:2231 prohibits discrimination against anyone on account of race, creed, color, religion, sex, age, disability or national origin in connection with employment and in connection with public accommodations. La.R.S. 51:2264 provides a cause of action in district court to enjoin further violations and to recover damages for violation of R.S. 51:2231 et seq. These two statutes are not applicable to the issue of whether plaintiff is entitled to workers' compensation benefits. Workers' compensation is specifically regulated by La.R.S. 23:1021 et seq.
La.R.S. 23:1021 (7)(a) states:
"'"Injury"' and '"personal injuries"' include only injuries by violence to the physical structure of the body and such disease or infections as naturally result therefrom. These terms shall in no case be construed to include any other form of disease or derangement, however caused or contracted."
La.R.S. 23:1021(7)(b) applies to claims for mental injury while in the course and scope of employment. It states:
"(b) Mental injury caused by mental stress. Mental injury or illness resulting from work-related stress shall not be considered a personal injury by accident arising out of and in the course of employment and is not compensable pursuant to this Chapter, unless the mental injury was the result of a sudden, unexpected, and extraordinary stress related to the employment and is demonstrated by clear and convincing evidence." [Emphasis Added]
Plaintiff has the burden of proving, "by clear and convincing evidence"
Page 1 2 Louisiana Personal Injury Attorneys
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