Texas Workers’ Compensation Defense Attorneys–Medical Evidence Required To Show The Work Was A Greater Factor Than Pre-Existing Condition

Medical Evidence Required To Show The Work Was A Greater Factor Than Pre-Existing Condition
Transcontinental Ins. Co. v. Smith, 2004 Tex.App. LEXIS 1228 (Tex.App.-San Antonio 2004)

Plaintiff was engaged in heavy labor and developed profuse sweating, pain in his elbow, and chest discomfort. After going home for the day, his wife took him to the hospital where it was determined that he had suffered a heart attack. After prevailing on a workers’ compensation claim at a contested case hearing, the TWCC Appeals Panel reversed that finding and Smith filed suit.
The court noted that for a heart attack to be compensable it must occur at a definite time and place, caused by a specific event in the course and scope of employment, and medical evidence must show that the employee’s work, rather than a natural progression of a pre-existing heart condition or disease was a substantial contributing factor of the attack.

 

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