Western Casualty and Surety Company v. Gonzales

518 S.W.2d 524, 18 Tex. Sup. Ct. J. 190, 1975 Tex. LEXIS 195
CourtTexas Supreme Court
DecidedJanuary 29, 1975
DocketB-4574
StatusPublished
Cited by41 cases

This text of 518 S.W.2d 524 (Western Casualty and Surety Company v. Gonzales) is published on Counsel Stack Legal Research, covering Texas Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Western Casualty and Surety Company v. Gonzales, 518 S.W.2d 524, 18 Tex. Sup. Ct. J. 190, 1975 Tex. LEXIS 195 (Tex. 1975).

Opinion

REAVLEY, Justice.

This is a workmen’s compensation case in which the question is whether the evidence warrants an award for general disability rather than for no more than a specific injury to the workman’s left hand or arm. The trial court’s judgment was favorable to the workman and awarded him compensation for total and permanent disability. The Court of Civil Appeals affirmed with an ably written opinion. 506 S.W.2d 303.

On June 3, 1968, Alfredo Gonzales cut his left hand and severed tendons controlling the middle finger. Gonzales was hospitalized but received no immediate surgical repair. He thereafter underwent two operations to repair the severed tendons. In addition, electric shock therapy and heat treatments were prescribed in an attempt to free the injured tendon. These measures were unsuccessful, however, and the finger was amputated on July 23, 1969. After the second operation, Gonzales could not close his hand, lift his arm or pull or bend his elbow. He was given pills for his pain, and then injections of Nyloxin were administered. Nyloxin is attenuated cobra venom which apparently lessens pain by deadening the nerve endings. These shots caused swelling so great in his arm that the needle could not penetrate the welts there. Shots were then given in his legs. The nurse was unable to get the medicine to flow through the needle into his left leg. Gonzales said that when the needle was inserted into his leg, it felt like acid. Immediately after the leg injections, Gonzales became quite ill and suffered some sort of paralysis for about two weeks that prevented his leaving his bed. He experienced low back pains, numbness in the lower extremities, and developed a bilateral limp. He was equipped with a back brace and then began using a walking cane, both of which he continued to use up to the trial date.

There was an abundance of evidence to support the jury findings that this illiterate 36 year old man is totally and permanently disabled. The entire left side of his body is affected and he walks with difficulty. His employer and his job supervisor praised Gonzales as a worker and as a person, and they told of his determination to hold his job until Thanksgiving of 1971, at which time he had to be discharged because of the hopelessness of his physical condition and the danger which he constituted to others on the job. The question remains as to whether there is any evidence to support the finding that it was the injury to his left hand that extended to and affected his body generally.

The workmen’s compensation statute, Art. 8306 § 12, Vernon’s Ann.Civ. St., provides a schedule of compensation for specific injuries to certain extremities and members of the body. Thus, compensation for the loss of a second finger is 30 weeks, for the loss of a hand is 150 weeks, and for the loss of an arm is 200 weeks. The Legislature provides that this payment is to be “in lieu of all other compensation,” and it has been held that the scheduled payment is the limit of compensation even though the consequence of losing a hand or leg for a particular workman is to render him unable to obtain and retain any gainful employment. Consolidated Underwriters v. Langley, 141 Tex. 78, 170 S.W.2d 463 (1943). If the injury to the particular member extends to and affects portions of the body beyond the member, or if his general health is impaired, the workman may recover for his general disability pursuant to other sections of the workmen’s compensation statute. Great American Indemnity Co. v. Sams, 142 Tex. 121, 176 S.W.2d 312 (1944); General Accident Fire & Life Assur. Corp. v. Murphy, 339 S.W.2d 392 (Tex.Civ.App.1960, writ ref’d n. r. e.). The injury and disability do not become general by the mere fact that pain alone, originating in the condition or use of the injured extremity or member, travels beyond the margin of the extremity or mem *526 ber to the general body. Texas Employers’ Ins. Ass’n v. Shannon, 462 S.W.2d 559 (Tex.1970); Texas Employers’ Ins. Ass’n v. Espinosa, 367 S.W.2d 667 (Tex.1963). The site of the trauma and its immediate effects are not, however, necessarily determinative of the nature and extent of the compensable injury. The full consequences of the original injury, together with the effects of its treatment, upon the general health and body of the workman are to be considered. Maryland Casualty Company v. Sosa, 425 S.W.2d 871 (Tex.Civ.App.1968), writ ref’d n. r. e. per curiam, 432 S.W.2d 515 (Tex.1968); United Employers Casualty Co. v. Marr, 144 S.W.2d 973 (Tex.Civ.App.1940, writ dism’d jdgmt cor.).

The physical effects of the injury upon the body of Alfredo Gonzales beyond his left hand are not confined to pain associated with the impairment or use of his hand. His shoulder and left arm are weak and disabled; the muscles have become atrophied. He suffers from a swelling in his chest and pain that interferes with his breathing. He has worn a corset around his chest. The muscles and structure of his back have become so weak that he must wear a back brace, which was prescribed by his doctor, for support. His legs became affected after he received the injections of Nyloxin; they immediately became swollen, are currently weakened, and, as a consequence, he does not walk well.

The insurance carrier says, however, that there is no medical proof of causal connection between the original injury and the general injuries of Gonzales; the company insists'that no doctor has testified to that connection “in reasonable medical probability” and cites these cases: Parker v. Employers Mutual Liability Insurance Company of Wisconsin, 440 S.W.2d 43 (Tex.1969), and Insurance Company of North America v. Myers, 411 S.W.2d 710 (Tex.1966). Both of these cases dealt with the difficulty of establishing the causal connection between a particular act or injury and later disability due to cancer. In both of the opinions, as in others, this Court has required medical expert opinion for the proof of causation, to link an act or condition or trauma with a subsequent physical disease or condition, when that relationship is beyond the common knowledge and experience of laypeople. Circumstantial evidence, such as the chain of events themselves, is useful to both expert and juror. Baird v. Texas Employers’ Insurance Assn., 495 S.W.2d 207 (Tex.1973); Insurance Co. of North America v. Kneten, 440 S.W.2d 52 (Tex.1969); Porter v. Puryear, 153 Tex. 82, 262 S.W.2d 933

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Bluebook (online)
518 S.W.2d 524, 18 Tex. Sup. Ct. J. 190, 1975 Tex. LEXIS 195, Counsel Stack Legal Research, https://law.counselstack.com/opinion/western-casualty-and-surety-company-v-gonzales-tex-1975.