92 So. 3d 560
La. Ct. App.2012Background
- Caldwell, employed as a CNA at Shady Lake Nursing Home, died from a heart-related condition after being attacked by resident DiMaggio.
- Plaintiffs (husband and Caldwell’s children) sue for wrongful death; defendant raises lack of subject matter jurisdiction and no right of action, asserting workers’ compensation is exclusive remedy.
- Trial court held Caldwell’s death satisfied the heart-related injury provision and that workers’ compensation is the exclusive remedy; dismissed tort action.
- Court previously reviewed Lloyd v. Shady Lake Nursing Home, Inc., which left unresolved whether exclusive remedy is workers’ compensation.
- At trial, Shady Lake presented evidence; plaintiffs offered the entire record but were limited; court concluded exclusive remedy applies.
- Appellate court affirms, holding Caldwell’s heart-related death is compensable under workers’ compensation and tort action is barred.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court lacked subject matter jurisdiction to hear tort claims. | Lloyd/previous denial precludes reassertion; lack of jurisdiction issues should bar tort claim. | Subject matter jurisdiction remains proper; issue was not resolved previously and can be revisited. | Yes, lack of subject matter jurisdiction valid; exclusive remedy disposition controls. |
| Whether the intentional tort exception to workers’ compensation applies. | Shady Lake’s knowledge and failure to protect Caldwell constitute an intentional act. | No evidence of conscious desire or substantial certainty of harm; failure to provide safe workplace is covered by workers’ comp. | No, intentional tort exception does not apply. |
| Whether Caldwell’s death qualifies as heart-related or perivascular injury under La. R.S. 23:1021(8)(e) with clear and convincing evidence. | Stress from the incident was not extraordinary and major cause; plaintiffs meet burden with clear proof. | Clear and convincing evidence shows extraordinary stress and major cause; exclusive remedy applies. | Yes, Caldwell’s death is compensable; exclusive remedy applies. |
Key Cases Cited
- Lloyd v. Shady Lake Nursing Home, Inc., 47 So.3d 609 (La.App.2d Cir. 2010) (addressed exclusive remedy and evidentiary issues in similar nursing-home context)
- Reeder v. Laks Corp., 555 So.2d 7 (La.App.1st Cir.1989) (exclusive remedy and safe-workplace theory under workers’ compensation)
- Manor v. Abbeville General Hospital, 940 So.2d 888 (La.App.3d Cir.2006) (intentional act exception not satisfied by hospital’s conduct)
- O’Regan v. Preferred Enterprises, Inc., 758 So.2d 124 (La. 2000) (burden allocation when employer asserts immunity under workers’ comp)
- Harold v. La Belle Maison Apartments, 643 So.2d 752 (La. 1994) (high burden for proving extraordinary work stress under 23:1021(8)(e))
- Gooden v. B E & K Const., 764 So.2d 1206 (La.App.2d Cir.2000) (clarifies clear and convincing standard for heart-related injuries)