Westley v. Land Offshore

19 Citing cases

  1. Charles v. South Central Industries

    683 So. 2d 706 (La. 1996)   Cited 23 times
    Admonishing that “ ‘reviewing courts must analyze claimed disability caused by mental conditions with utmost caution in view of the nebulous characteristics of mental conditions and the possibility of symptoms being easily feigned.’ ”

    Where a mental injury or illness develops secondary to a physical injury sustained in a work-related accident, an employee is entitled to compensation benefits for any disability resulting from the mental injury or illness and to reimbursement for mental treatment medical expenses. Sparks v. Tulane Med. Ctr. Hosp. Clinic, 546 So.2d 138, 143 (La. 1989), Westley v. Land Offshore, 523 So.2d 812, 814 (La. 1988). LSA-R.S. 23:1021(7)(c) and (d) provide:

  2. Williams v. Regional Transit Authority

    546 So. 2d 150 (La. 1989)   Cited 81 times
    In Williams, this Court held the employer's decision to contest coverage was not unreasonable "because [the] case involved an unusual coverage issue not conclusively resolved by the jurisprudence at the time that the claim was made."

    On the other hand, in view of the sometimes nebulous characteristics of mental injuries and the possibility of symptoms being feigned, utmost care should be exercised in determining whether the employee proved that the suffered such an injury and proved that the injury was causally related to his employment. Westley v. Land Offshore, 523 So.2d 812, 813 (La. 1988); Andrus v. Rimmer Garrett, Inc., 316 So.2d 433, 436 (La.App. 3rd Cir. 1975). See also Malone Johnson, 13 La.Civil Law Treatise, Worker's Compensation § 235.

  3. Smith v. La. Department of Corrections

    633 So. 2d 129 (La. 1994)   Cited 309 times
    In Smith, the court, in finding that the violation of a safety regulation was excused, stated "there was no showing of a present emergency or other condition where installation of a railing would have been more dangerous than violation of the regulations."

    It is the uniform rule that when a claimant's disability is increased or prolonged after a physical accident or trauma by traumatic neurosis, conversion hysteria, or hysterical paralysis, full disability, including the effects of the neurosis, is compensable. In Westley v. Land Offshore, 523 So.2d 812, 813 (La. 1988), this Court noted that, "in view of the nebulous characteristics of mental conditions and the possibility of symptoms being easily feigned," a claimed disability caused by any mental condition must be analyzed with the utmost caution. To facilitate that analysis, the Louisiana Legislature enacted La.Rev.Stat.

  4. Sparks v. Tulane Med. Ctr. Hosp. Clinic

    546 So. 2d 138 (La. 1989)   Cited 71 times
    Holding that a mental disorder can constitute "violence to the physical structure of the body"

    In so-called "physical-mental" injury cases, where a mental injury or illness develops secondary to an ascertainable physical injury, Louisiana courts have uniformly found that the employee is entitled to compensation benefits for any disability resulting from the mental injury and to reimbursement for medical expenses incurred in the treatment of that condition. See, e.g., Westley v. Land Offshore, 523 So.2d 812 (La. 1988) (employee suffered post traumatic stress syndrome secondary to physical injury caused by fall); Droddy v. Cliff's Drilling, Inc., 471 So.2d 223 (La. 1985) (employee suffered depressive neurosis as "emotional overlay" to physical injury caused by fall). See also Jordan v. Southern Natural Gas. Co., supra, 455 So.2d at 1222 ("[W]hen a plaintiff develops a disabling anxiety syndrome, traumatic neurosis, or other mental disorder as a result of a work related physical injury, he can recover compensation benefits even if he has recovered physically from the injury.").

  5. Angelle v. City of Kaplan

    256 So. 3d 336 (La. Ct. App. 2018)

    Furthermore, this court "must analyze claimed disability caused by mental conditions with utmost caution in view of the nebulous characteristics of mental conditions and the possibility of symptoms being easily feigned." Westley v. Land & Offshore , 523 So.2d 812, 813 (La.1988). Here, the record reflects that Ms. Angelle suffered from psychological problems both before and after the October 18, 2012 accident.

  6. E. Baton Rouge Parish Sch. Bd. v. Green

    111 So. 3d 91 (La. Ct. App. 2012)

    In so-called “physical-mental” injury cases, where a mental injury or illness develops secondary to an ascertainable physical injury, Louisiana courts have uniformly found that the employee is entitled to compensation benefits for any disability resulting from the mental injury and to reimbursement for medical expenses incurred in the treatment of that condition. See, e.g., Westley v. Land & Offshore, 523 So.2d 812 (La.1988) (employee suffered post traumatic stress syndrome secondary to physical injury caused by fall); Droddy v. Cliff's Drilling, Inc., 471 So.2d 223 (La.1985) (employee suffered depressive neurosis as “emotional overlay” to physical injury caused by fall). See also Jordan v. Southern Natural Gas. Co. [ v. Southern Natural Gas Co.] , supra, 455 So.2d [1217] at 1222 [ (La.App. 2 Cir.1984) ] (“[W]hen a plaintiff develops a disabling anxiety syndrome, traumatic neurosis, or other mental disorder as a result of a work related physical injury, he can recover compensation benefits even if he has recovered physically from the injury.”) Allowance of coverage in these “physical-mental” injury cases seems clearly appropriate under the Act's definition of “injury,” which covers not only the initial injury suffered by the employee but also “such disease or infections as naturally result therefrom.”

  7. Lake v. Matthews

    971 So. 2d 354 (La. Ct. App. 2007)   Cited 9 times

    A reviewing court must analyze claimed disability caused by mental conditions with utmost caution in view of the nebulous characteristics of mental conditions and the possibility of symptoms being easily feigned. Westley v. Land, Offshore, 523 So.2d 812, 813 (La. 1988); see Williams v. Regional Transit Authority, 546 So.2d 150, 158 (La. 1989). The record indicates that Mrs. Matthews was violently raped on or about June 5, 1997.

  8. Moore v. Grill

    871 So. 2d 1128 (La. Ct. App. 2004)   Cited 1 times

    In so-called "physical-mental" injury cases, where a mental injury or illness develops secondary to an ascertainable physical injury, Louisiana courts have uniformly found that the employee is entitled to compensation benefits for any disability resulting from the mental injury and to reimbursement for medical expenses incurred in the treatment of that condition. See, e.g., Westley v. Land Offshore, 523 So.2d 812 (La. 1988) (employee suffered post traumatic stress syndrome secondary to physical injury caused by fall); Droddy v. Cliff's Drilling, Inc., 471 So.2d 223 (La. 1985) (employee suffered depressive neurosis as "emotional overlay" to physical injury caused by fall). See also Jordan v. Southern Natural Gas. Co., supra, 455 So.2d at 1222 ("[W]hen a plaintiff develops a disabling anxiety syndrome, traumatic neurosis, or other mental disorder as a result of a work-related physical injury, he can recover compensation benefits even if he has recovered physically from the injury.") Allowance of coverage in these "physical-mental" injury cases seems clearly appropriate under the Act's definition of "injury," which covers not only the initial injury suffered by the employee but also "such disease or infections as naturally result therefrom."

  9. Moore v. Grill

    No. 03-0910 (La. Ct. App. Mar. 24, 2004)

    In so-called "physical-mental" injury cases, where a mental injury or illness develops secondary to an ascertainable physical injury, Louisiana courts have uniformly found that the employee is entitled to compensation benefits for any disability resulting from the mental injury and to reimbursement for medical expenses incurred in the treatment of that condition. See, e.g., Westley v. Land Offshore, 523 So.2d 812 (La. 1988) (employee suffered post traumatic stress syndrome secondary to physical injury caused by fall); Droddy v. Cliff's Drilling, Inc., 471 So.2d 223 (La. 1985) (employee suffered depressive neurosis as "emotional overlay" to physical injury caused by fall). See also Jordan v. Southern Natural Gas. Co., supra, 455 So.2d at 1222 ("[W]hen a plaintiff develops a disabling anxiety syndrome, traumatic neurosis, or other mental disorder as a result of a work-related physical injury, he can recover compensation benefits even if he has recovered physically from the injury.") Allowance of coverage in these "physical-mental" injury cases seems clearly appropriate under the Act's definition of "injury," which covers not only the initial injury suffered by the employee but also "such disease or infections as naturally result therefrom."

  10. Kottle v. Provident Life

    775 So. 2d 64 (La. Ct. App. 2000)   Cited 5 times

    Reviewing courts must analyze claimed disability caused by mental conditions with utmost caution in view of the nebulous characteristics of mental conditions and the possibility of symptoms being easily feigned. Westley v. Land Offshore, 523 So.2d 812 (La. 1988). In the construction and interpretation of contracts of insurance, just as with other contracts, the intention of the parties is of paramount importance.