Broussard v. Hollier Floor Covering, Inc.

Citations: 602 So. 2d 1023; 1992 La. App. LEXIS 1560; 1992 WL 109293Docket: 90-1330

Court: Louisiana Court of Appeal; May 20, 1992; Louisiana; State Appellate Court

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Sharlyn Broussard filed a worker's compensation claim for death benefits following the suicide of her husband, Claude Joseph Broussard, who had been employed by Hollier Floor Covering, Inc. for 14 years. The trial court ruled in favor of Sharlyn, determining that Claude suffered from a mental disease at the time of his death, which warranted the award of benefits under the Louisiana Worker's Compensation Act. Hollier Floor Covering, Inc. appealed this decision, arguing that the award was erroneous. The Court of Appeal affirmed the trial court's decision and adopted its reasons for judgment, with all appeal costs assigned to the defendant. The case was submitted without trial, with stipulated facts regarding the marriage, the couple's children, Claude's work-related back injury, and the subsequent medical treatment leading to his death by suicide on September 2, 1987. Weekly compensation benefits had been paid until his death, and a petition for death benefits was filed in a timely manner following a recommendation from the Office of Worker's Compensation.

On August 26, 1987, the patient presented with extensive and complex complaints of pain affecting both his back and legs, with each seeming to exacerbate the other. The medical professional expressed skepticism about the likelihood of recovery, suggesting the patient might remain in a state of chronic illness following surgery. The physician noted that such cases often lead patients to seek multiple opinions and further surgeries, complicating their conditions. Despite normal x-ray results indicating successful spinal fusion, further imaging tests—a tomogram and a CT scan—were ordered to investigate potential issues. The imaging confirmed intact bone fusion and no signs of recurrent herniation. 

When the patient and his wife returned on August 31, 1987, they expressed confusion regarding previous explanations and continued complaints. The physician clarified that nerve damage from the initial disc rupture could lead to ongoing pain, with outcomes varying among individuals. Acknowledging previous recommendations for physical therapy, the patient admitted to experiencing benefits from that treatment but had not maintained the regimen. The physician emphasized the importance of patient engagement in recovery, advising against persistent complaints. Following this discussion, there was a slight shift in the couple's attitude, with recognition of the benefits from prior physical therapy and a noted reduction in leg pain compared to pre-surgery levels.

Mr. Broussard had been using a TENS Unit occasionally, which he claimed provided some relief. However, three days after his last visit to Dr. Meuleman, he died by suicide. Prior to his back injury, Mr. Broussard was described as happy and confident about his recovery. His condition began to change after a visit to Dr. Meuleman in August 1987, where he expressed ongoing pain and received discouraging feedback about his prognosis. Following this visit, Mr. Broussard experienced significant depression, fear over his ability to return to work, and persistent pain. Despite his wife's concerns about his mental state, Dr. Meuleman prescribed physical therapy and a TENS Unit, noting that the therapy would only provide temporary relief. 

In the subsequent days, Mr. Broussard remained depressed but did not indicate any suicidal thoughts nor left a note. An appointment for a second opinion was scheduled the day after his suicide. Psychiatric experts retained by both parties agreed that Mr. Broussard was in severe depression related to his back injury and ineffective treatment, which ultimately contributed to his suicide. Mrs. Broussard filed for worker's compensation death benefits, asserting her husband's suicide was causally linked to his work-related injury and treatment failures. The defendants argue against recovery, citing La.R.S. 23:1801, which denies compensation for injuries caused by an employee's intentional self-harm. They contend that Mr. Broussard's severe depression does not meet the legal threshold for recovery, which requires proof of insanity, psychosis, or mental disease stemming from the work-related injury.

In Soileau v. Traveler's Ins. Co., the court ruled that death benefits under the Louisiana Workmen's Compensation Act are not recoverable for suicides unless it can be demonstrated that the act was caused by insanity or a mental illness linked to the injury. Suicides arising from mere feelings of discouragement or depression related to an injury do not qualify. Although medical experts classified the plaintiff's severe depression as a mental disease stemming from a work-related injury, the court maintained that this classification alone does not satisfy the legal standard for recovery. The court emphasized the importance of assessing the decedent's free will at the time of the suicide, stating that only those whose actions stemmed from a lack of control—marked by insanity or psychosis—are eligible for benefits. A distinction was made between 'mere depression' and recognized mental diseases, with the court advocating for a focus on the individual's ability to control their actions. Expert testimony indicated that in cases of major depression, individuals often perceive their situation as hopeless, leading to suicidal ideation and intent. However, the court recognized that while Mr. Broussard felt he had no viable options due to his depression, this perception does not automatically imply a lack of free will.

A significant misperception often accompanies major depression, leading to a heightened risk of suicide if left untreated. Patients may view their circumstances as hopeless, contributing to suicidal ideation, although not all individuals with major depression experience such thoughts. Dr. Franklin, in his deposition, explained that while the decision to commit suicide may appear conscious, it typically follows a gradual decline into despair. He confirmed that Mr. Broussard's suicide was a deliberate act, indicating awareness of his actions.

Dr. Ware, the defense expert, found no evidence that Mr. Broussard was incapable of knowing what he was doing at the time of his suicide. He acknowledged that while Mr. Broussard's reasoning was influenced by his depression, he felt trapped with no alternatives. Both experts agreed that, despite his conscious decision, Mr. Broussard lacked the perception of other viable choices due to his mental state.

The court highlighted that under worker's compensation law, which is interpreted favorably for claimants, the decedent's inability to perceive alternatives negated his free will regarding his actions. Consequently, the court ruled that Mr. Broussard's death was compensable under the worker's compensation statute, directly linked to his depression stemming from a work-related injury. The judgment will be finalized upon presentation, with the decision signed by District Judge Don Aaron, Jr., in Crowley, Louisiana, on July 12, 1990.