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Gales v. Gold Bond Building Products, a Division of National Gypsum Co.
Citations: 472 So. 2d 82; 1985 La. App. LEXIS 8941Docket: No. 85-CA-85
Court: Louisiana Court of Appeal; June 3, 1985; Louisiana; State Appellate Court
The appeal arises from a decision by the Twenty-Fourth Judicial District Court, where Judge Wallace C. LeBrun granted the defendants’ motion for involuntary dismissal of Mr. Jessie Gales's claim for workers' compensation benefits, resulting in a dismissal with prejudice. Mr. Gales worked in the asbestos manufacturing industry from 1942 until his early retirement in 1983 due to asbestosis, a lung disease diagnosed by medical professionals. His employment spanned multiple ownership changes of the manufacturing plant, concluding with International Building Products, Inc. (IBP), which he contends was the last causative employer. In 1983, he filed for workers' compensation against Gold Bond Building Products/National Gypsum Company. During the trial, the court ruled based on the precedent set in Carter v. Avondale, determining that, despite Gales's asbestosis being linked to his asbestos exposure, National Gypsum could not be held liable as IBP was the last employer. Gales appeals, arguing that the trial court misapplied Carter by asserting that liability should rest solely with the last employer regardless of the level of exposure that contributed to the disease. He claims that National Gypsum's exposure was the substantial cause of his condition. Conversely, the appellees maintain that the trial court's application of Carter was correct, emphasizing that the last employer responsible for any causative factor in the development of a disabling occupational disease holds liability for workers' compensation benefits. Avondale filed a third-party petition against the plaintiff's previous employer after the plaintiff, Carter, developed silicosis from known hazardous materials he was exposed to during his twenty-eight years of employment. The Supreme Court initially ruled that Carter demonstrated his employment with both employers significantly contributed to his disability. However, upon rehearing, the Court reversed its decision, concluding that Carter did not establish that exposure at the previous employer was a substantial factor in his silicosis. The ruling clarified that under R.S. 23:1031.1, liability for compensation lies with the employer at the time of the most recent exposure causing the disability, not with former employers, even if their conditions may have increased susceptibility to the disease. The only exception involves workers who have been employed for less than twelve months, who must prove their disease was contracted during that time with overwhelming evidence. The Court determined that the last employer, International Building Products, Inc. (IBP), was solely responsible for the worker’s compensation benefits, as evidence showed the plaintiff became disabled only after his employment with IBP. The Court also ruled that the plaintiff could not hold the previous employer liable simply for not naming IBP as a defendant. The judgment affirming the motion for involuntary dismissal was upheld, and the appellant was ordered to pay all appeal costs.