Bourgeois v. Seabright Insurance Co.
115 So. 3d 50
La. Ct. App.2013Background
- Bourgeois was employed as an electrician for Versatech Automation Services, LLC.
- He alleges a work-related knee injury occurred on January 19, 2012, while working in a man basket and atop pipes.
- First painful symptoms appeared around 2:00 a.m. on January 20, 2012; he woke with a swollen knee.
- He reported the injury to his foreman on January 20, 2012 and sought medical treatment on January 21, 2012.
- Bourgeois filed a disputed claim for compensation on April 24, 2012, seeking benefits and medical expense recovery.
- Versatech and Seabright moved for summary judgment on August 10, 2012, arguing no accident under La. Rev. Stat. 23:1021(1).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Bourgeois proved an accident under La. 23:1021(1). | Bourgeois contends his strenuous work on Jan. 19 constitutes an accident. | Versatech/Seabright argue no actual, identifiable precipitous event occurred. | No genuine issue of material fact; no accident shown under 23:1021(1). |
Key Cases Cited
- Shaw v. Arc of St. Charles, 776 So.2d 542 (La.App. 5 Cir. 11/28/00) (burden on employee; corroboration and credibility required for accident proof)
- Bruno v. Harbert Int'l, Inc., 593 So.2d 357 (La.1992) (pre-1990 amendment; accident requires identifiable event)
- Hall v. J.E. Merit Constructors, Inc., 861 So.2d 224 (La.App. 1 Cir. 11/7/03) (liberal construction of work-related accident; must identify event timing)
- Blair v. Wal-Mart Stores, Inc., 818 So.2d 1042 (La.App. 4 Cir. 5/15/02) (proof of personal injury by accident arising out of employment)
- Rudolph v. D.R.D. Towing Co., LLC, 59 So.3d 1274 (La.App. 5 Cir. 1/11/11) (summary judgment standards; movant burden)
- Garrison v. Tanenbaum, 846 So.2d 40 (La.App. 5 Cir. 4/8/03) (standard de novo review for summary judgments)
- Kinchen v. Louie Dabdoub Sell Cars, Inc., 912 So.2d 715 (La.App. 5 Cir. 10/6/05) (summary judgment prerequisites and burden)