Director, State Employees Workers' Compensation Division v. Wade

788 S.W.2d 131, 1990 Tex. App. LEXIS 1001, 1990 WL 52955
CourtCourt of Appeals of Texas
DecidedMarch 22, 1990
DocketNo. 09-88-328 CV
StatusPublished
Cited by1 cases

This text of 788 S.W.2d 131 (Director, State Employees Workers' Compensation Division v. Wade) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Director, State Employees Workers' Compensation Division v. Wade, 788 S.W.2d 131, 1990 Tex. App. LEXIS 1001, 1990 WL 52955 (Tex. Ct. App. 1990).

Opinion

OPINION

WALKER, Chief Justice.

This is an appeal from a final judgment in a workers’ compensation case in which the plaintiff in the trial court asserted entitlement to workers’ compensation benefits. Trial to a jury was held on August 22, 1988.

The jury found that plaintiff’s injury of July 18, 1984 was a producing cause of total incapacity in their response to special question number one. The jury found the beginning date of such incapacity to be July 18, 1984 in response to question number two and further found the duration of such injury to be permanent in response to question number three.

A final judgment was signed on September 12, 1988 and a timely motion for new trial was requested by appellant. The motion for new trial was heard on October 26, 1988 and was denied on November 2, 1988. Appellant has duly perfected its appeal to this Court.

The record in this case reflects that the appellee had a history of knee-related problems going back as far as childhood. According to the medical testimony at the time of trial, most of these pre-injury problems were related to arthritis and degenerative changes in appellee’s knees. The particular injury which is the subject matter of this suit, occurred on July 18, 1984 when the appellee fell at work and upon medical examination was diagnosed as having bruised knees and elbows.

Appellant contends on appeal that the trial court erred in excluding evidence of [133]*133prior knee problems, because the admissibility of such evidence does not depend on establishing a “sole cause” defense as a predicate and that the trial court erred in requiring the appellant to lay a predicate before evidence of appellee’s pre-existing knee problems due to arthritis was admissible. Appellant attempted to introduce evidence that appellee’s knee problems began as a child and continued through 1977. The trial court excluded this offer. The appellant, during the course of the trial, attempted to develop evidence that in 1982, the arthritic condition of appellee’s knees was so bad that surgery was performed which resulted in a 20% impairment to her right knee. This was also excluded by the trial court. The trial court also excluded evidence of a 1983 on the job fall and the additional effects thereof upon appellee’s arthritic condition.

Throughout the trial, the appellant attempted to offer evidence relating to the prior arthritic condition of the appellee, to which objection was made by the appellee’s attorney that such offer was in violation of the previously granted motion in limine. This apparently continued until such time that the trial court had to admonish counsel for the appellant. We can readily see the frustration facing appellant’s counsel to prove a sole cause defense to the court prior to admission of any evidence of preexisting condition. This frustration, however, should never reach the level of carte' blanche violations of any court orders. It is best handled by simply preserving error and moving on.

This Court can find no authority for the requirement that a sole cause defense must be proved to a court before evidence of pre-existing condition is admissible. This question was addressed in the case of Mayfield v. Employers Reinsurance Corp., 539 S.W.2d 398 (Tex.Civ.App.—Tyler 1976, writ ref’d n.r.e.) wherein the court stated:

“Appellant cites no authority for the necessity of such a predicate and we have found none. The establishment of any causal relationship between other injuries and present incapacity would be extremely difficult without some reference to or evidence of those injuries.” (emphasis ours).

The appellant in Mayfield argued as does appellee in our case, that a predicate was necessary before evidence of prior injury was admissible. This is clearly not the law, and the trial court’s requirement of such a predicate was error. The appellee had been under continuous treatment for her knee injuries and, after a certain date, would have returned to work, according to her own doctor’s testimony, if she was not suffering from arthritis. This is the type of evidence that could have effectively countered appellee’s evidence on producing cause and was certainly admissible.

Appellee contends that medical evidence was a necessary predicate and prerequisite before appellant could place such evidence before the jury. Appellee argues that appellant had a burden of presenting evidence that the prior knee problems either contributed to or were the sole cause of appellee’s incapacity to work before any mention of prior knee problems could be made at trial. Appellee also contended that appellant had to present independent evidence that appel-lee was able to work or not able to work before this burden of admissibility was met. The trial court denied evidence of prior knee problems on the ground that the causal connection required was testimony from medical experts that the prior knee problems caused by arthritis contributed or were the sole cause of appellee’s present incapacity to work. This requirement by the trial court went too far in that it required appellant to produce medical testimony or evidence in virtually exact and precise wording.

The Texas Supreme Court has long held that incapacity and disability can be a question answered inferentially by a jury either through circumstantial evidence or lay witness testimony even if contradicted by testimony of medical experts. Reina v. General Accident Fire & Life Assurrance Corp., Ltd., 611 S.W.2d 415 (Tex.1981). This case makes it clear that a jury is entitled to decide causation with or without [134]*134medical testimony in areas of common experience.

Furthermore, the medical expert need not use exact magic words that an injury or condition was a producing cause of incapacity. Royal Globe Ins. Co. v. Suson, 626 S.W.2d 161 (Tex.Civ.App.—Fort Worth 1981, writ ref’d n.r.e.).

We are of the opinion that sufficient evidence was offered and excluded at the trial below which may have established the causal connection between arthritis and ap-pellee’s present incapacity. The appellee herself established that she suffered an injury which aggravated the pre-existing condition of arthritis and that such was a producing cause of some incapacity. Given the medical testimony that osteoarthritis gets worse, common experience would have allowed a jury to infer that arthritis was a producing cause of appellee’s present incapacity. Medical testimony from Dr. David Sanderson that appellee would be in the same condition even if she had not fallen, was sufficient to make the link between appellee’s arthritis and her present incapacity. The evidence should have been admitted to allow the jury to make reasonable inferences from same. The prior arthritis and the surgery performed on appellee’s knee were directly related to the primary problems experienced after the alleged injury. As of September, 1984, appellee’s primary problem was her right knee and this was the same problem she had experienced before the alleged injury. At this point, the causal connection was manifest. The only difference was that after September, 1984, appellee had decided not to go back to work.

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Bluebook (online)
788 S.W.2d 131, 1990 Tex. App. LEXIS 1001, 1990 WL 52955, Counsel Stack Legal Research, https://law.counselstack.com/opinion/director-state-employees-workers-compensation-division-v-wade-texapp-1990.