From Casetext: Smarter Legal Research

SOILEAU v. CHET AND KENNYS AUTO PARTS

Court of Appeal of Louisiana, Fourth Circuit
Oct 13, 1976
337 So. 2d 604 (La. Ct. App. 1976)

Opinion

No. 7734.

August 31, 1976. Rehearing Denied October 13, 1976.

APPEAL FROM TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, DIVISION F, STATE OF LOUISIANA, HONORABLE FLOYD W. NEWLIN, J.

Orlando G. Bendana, New Orleans, for plaintiff-appellant.

Wood Brown, III, Montgomery, Barnett, Brown Read, New Orleans, for defendants-appellees.

Before REDMANN, BOUTALL and SCHOTT, JJ.


From a judgment rejecting his workmen's compensation claim for failure to prove that work caused his heart attack, plaintiff appeals.

Plaintiff first noticed chest pain on a Sunday morning at home. He went to a hospital where, after a normal electrocardiogram and in the absence of other symptoms, gastritis was the diagnosis (angina pectoris is the hindsight diagnosis). Despite advice to rest at home, plaintiff returned to his work as manager of an auto parts store, working five and a half days a week. Monday morning two weeks later, while being driven to work, plaintiff had an acute myocardial infarction resulting in disability.

Had the heart attack occurred at work, or had it followed closely upon some identifiable beginning at work, plaintiff would recover. But we cannot disagree with the trial judge's conclusion that work-causation was not shown. The two weeks of work between initial pain and infarct did not, according to the preponderance of the evidence, more probably than not cause the infarct.

Affirmed.


Summaries of

SOILEAU v. CHET AND KENNYS AUTO PARTS

Court of Appeal of Louisiana, Fourth Circuit
Oct 13, 1976
337 So. 2d 604 (La. Ct. App. 1976)
Case details for

SOILEAU v. CHET AND KENNYS AUTO PARTS

Case Details

Full title:ISAAC H. SOILEAU v. CHET AND KENNYS AUTO PARTS, INC., ET AL

Court:Court of Appeal of Louisiana, Fourth Circuit

Date published: Oct 13, 1976

Citations

337 So. 2d 604 (La. Ct. App. 1976)

Citing Cases

Schneider Tutrix Schneider v. Strahan

Absent any such on-the-job incident, however, we are unable to say that the trial judge's conclusion that…

Lonzo v. Holsum Bakeries, Inc.

Recovery of benefits for a heart attack must be conditioned on a connection or nexus between the work and the…