AP Rules that Aggravation of Degenerative Disc Requires Expert Testimony
The appeals panel has issued a decision reversing a hearing officer’s determination that a claimant’s compensable injury extended to an aggravation of degenerative disc at L4-L5 and rendered a new decision that the compensable injury does not extend to that condition. The appeals panel posted its decision in Appeals Panel Decision No. 150750 on July 23, 2015.
The hearing officer determined that the compensable injury extended to an aggravation of the degenerative disc at L4-L5. The carrier appealed that determination. The appeals panel agreed with the carrier and reversed the decision of the hearing officer.
The Texas courts have long established the general rule that “expert testimony is necessary to establish causation as to medical conditions outside the common knowledge and experience” of the fact finder. Guevara v. Ferrer, 247 S.W.3d 662 (Tex. 2007). The Appeals Panel has previously held that proof of causation must be established to a reasonable medical probability by expert evidence where the subject is so complex that a fact finder lacks the ability from common knowledge to find a causal connection. Appeals Panel Decision (APD) 022301, decided October 23, 2002. See also City of Laredo v. Garza, 293 S.W.3d 625 (Tex. App.-San Antonio 2009, no pet.) citing Guevara.
In the case on appeal, an aggravation of the degenerative disc at L4-5 is a condition that is outside the common knowledge and experience of the fact finder, and as such requires expert medical evidence to establish causation.
The medical records do not contain any explanation of how the compensable injury caused an aggravation of the degenerative disc at L4-5.
Accordingly, the appeals panel rendered a decision that the alleged aggravation of the degenerative disc at L4-L5 was not related to the compensable injury.
FOLIO
