Illinois Employers Insurance of Wausau v. Wilson

620 S.W.2d 169, 1981 Tex. App. LEXIS 3891
CourtCourt of Appeals of Texas
DecidedJuly 2, 1981
Docket1452
StatusPublished
Cited by11 cases

This text of 620 S.W.2d 169 (Illinois Employers Insurance of Wausau v. Wilson) 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
Illinois Employers Insurance of Wausau v. Wilson, 620 S.W.2d 169, 1981 Tex. App. LEXIS 3891 (Tex. Ct. App. 1981).

Opinion

MOORE, Justice.

This is a suit brought by R. E. Wilson, appellee, against Illinois Employers Insurance Company of Wausau, appellant, for worker’s compensation benefits.

On July 18, 1977, while working for East Texas Poultry Supply, Wilson sustained an injury to his left leg. The accident occurred while he was installing poultry equipment at a farm located between Shel-byville and Center, Texas, when he stepped down off a ladder and struck his shin on the corner of a poultry feeder. As a result he received a laceration approximately three to four inches long and a quarter of an inch deep near the shin bone. The injury occurred at approximately four o’clock, and at five o’clock that afternoon he went to a doctor who dressed the wound, gave him a shot and some pills. He did not work for the next two days on the advice of the doctor. When he returned to work he went back to his regular job of installing poultry equipment. After returning to work, he continued to have problems with his injury due to the fact that he would hit his shin while climbing up and down a ladder, thereby aggravating his injury causing swelling and pain. As a result, his employer changed the nature of his work from installing equipment to working in the warehouse and waiting on customers. On August 16,1977, appellee went to another doctor who gave him a shot and dressed his wound. Upon his second visit to this doctor, the doctor advised him not to work for two weeks. After being off for two weeks he went back to work in the warehouse. Due to pain and swelling in the leg he was off from work on several occasions. Finally in August of 1978 he informed his employer that he was going to have to quit work until his leg got better.

*171 In October of 1978 appellee called his brother-in-law in San Antonio who became concerned about his leg and who went to Center, Texas, and picked him up and took him to see Dr. Howard Crawford in San Antonio, Texas. After examining appellee on November 1, 1978, Dr. Crawford admitted him to Methodist Hospital in San Antonio. According to Dr. Crawford, appellee’s primary complaint was that he had pain in his left big toe. Appellee admitted that he told the doctor that a spool of barbed wire rolled over his left big toe about four or five months before he went to Dr. Crawford. He denied that the incident caused any injury to his toe. Dr. Crawford testified appellee told him his foot had gotten progressively worse since the spool of wire rolled over his toe. He further testified that appellee had a history of previous myocardial infarction in 1975 indicating he had arteriosclerosis, or hardening of the arteries. Dr. Crawford’s physical findings showed the primary problem to be with appellee’s left foot. There was no pulse present in his left foot, the tip of his left great toe was gangrenous and the skin on his left foot was discolored and “shiny.” After further tests were made it was found that appellee’s artery in his left thigh was totally blocked, and as a result, the circulation in his lower left leg and foot was substantially impaired.

In order to remedy the blockage Dr. Crawford performed an arterial bypass. He also performed a left lumbar sympa-thectomy which resulted in the removal of a portion of the nervous system in order that the blood vessels in that extremity would dilate so as to improve healing in the foot. Immediately after the surgical procedures were performed, appellee had a pulse in his left foot but shortly thereafter the pulse disappeared because the artery in the thigh occluded. Surgery was performed again that day wherein the vein graft was examined, the clots were cleaned out and as a result pulse was again obtained through the vein graft. The vein graft, however, was not successful and one week later Dr. Crawford, upon re-examining appellee, informed him that his leg would have to be amputated below the knee. Appellee was re-admitted to the hospital and on January 12,1979, Dr. David Wolfe amputated the leg about four inches below the knee. There were no post-operative complications and appellee was released on January 19, 1979. Appel-lee, thereupon, brought this claim for worker’s compensation benefits.

The cause was tried before a jury which found that the injury sustained by appellee on July 18, 1977, to his left leg was a producing cause of total loss of use of his left foot; the beginning date of the total loss of use was January 12, 1979; and that the total loss of use in the left foot is permanent. The jury also found that medical care was reasonably required as a result of the injury, that appellant insurance company failed to furnish within a reasonable time said medical care, and that appellee incurred expenses in the amount of $10,-351.92 for such medical care which appellant failed to furnish within a reasonable time. The trial court entered judgment in accordance with the verdict, from which appellant insurance company duly perfected this appeal.

It is the contention of appellant insurance company that the trial court erred in overruling its motion for directed verdict and motion for new trial because there was no probative evidence produced in the trial court that the injury sustained by appellee on July 18, 1977, was a producing cause of the loss of use of his left foot. It is argued by appellant that the medical expert testimony adduced in the trial does not support the allegation that the injury was a producing cause and that the testimony of appel-lee that the injury was a producing cause has no probative value because he was not qualified to give an opinion on the producing cause of loss of use of his foot. We are of the opinion that this point should be sustained.

Under the Worker’s Compensation Act the claimant is required to prove that the injury for which he seeks compensation arose out of his employment. Parker v. Employers Mutual Liability Ins. Co. of Wis *172 consin, 440 S.W.2d 43, 45 (Tex.1969). Further, when the claimant alleges that the injury includes such diseases or infections as naturally result therefrom, there must be proven a causal relationship or connection between the job-related occurrence and the ultimate disability. Scott v. Liberty Mut. Ins. Co., 204 S.W.2d 16, 18 (Tex.Civ.App.—Austin 1947, writ ref’d n. r. e.).

One method by which producing cause is proven is by lay testimony. However, the adequacy of lay testimony to prove causation has been limited to those cases where the general experience of, or commonsense of, men is such that they can anticipate one event will follow another. Griffin v. Texas Employers’ Ins. Assoc., 450 S.W.2d 59, 61.(Tex.1969); Parker v. Employers Mutual Liability Ins. Co., supra at 46. In order for lay testimony to be sufficient to prove causation, the testimony must prove at least that the injury in reasonable probability caused the claimed result. Griffin v. Texas Employers’ Ins. Co., supra.

Appellee, after testifying as to his injury, the treatment of it, and the effect which it had on him, was asked:

Q. Mr.

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620 S.W.2d 169, 1981 Tex. App. LEXIS 3891, Counsel Stack Legal Research, https://law.counselstack.com/opinion/illinois-employers-insurance-of-wausau-v-wilson-texapp-1981.