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Causation / If An Injury Does No More Than Weaken
Physical Resistance To A Disease, The Evidence Is Insufficient Appeal 081522 - January 15, 2009 The Hearing Officer determined that the claimant died as a result of his work-related injury despite the fact that the decedent died of lung cancer.
The Appeals Panel reversed and rendered. Expert evidence was required because the decedent’s medical condition
was outside the common knowledge and experience of lay persons. Here, the medical evidence only established
that the decedent’s physical condition as a result of his injury may have caused a lessening of physical resistance
to disease. A bedridden patient tends to give up more easily.
The Appeals Panel cited Shulle v Texas Employer’s Insurance Association, 787 S.W. 2 D 608, Austin, 1990, and Jocoby v Texas Employer’s Insurance Association, 318 SW 2 D 921, San Antonio 1958, for the proposition that an injury that does no more than weaken the physical resistance to disease is insufficient to constitute producing cause. Even though the injury may have lessened physical resistance to disease, either preexisting or later contracted, unless the preexisting disease was incited, aggravated or accelerated by the injury, or unless the injury was a producing cause of an after acquired disease, the injury cannot be a producing cause under workers’ compensation law. Causation / Medical Evidence Required To Prove An Injury Caused By A Staph Infection Appeal 081781 - January 2, 2009 The Appeals Panel reversed findings concerning disability because the claimant’s disability was caused by a staph infection following a work related injury. When the claimant alleges that a work-related accident caused an infection and that the infection
is part of the injury, medical evidence of causation is required.
When the question of disability requires a finding concerning the extent of the injury, the hearing officer may add the issue. |
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