No specific laws identified for this ruling.
Industrial Commission's findings of fact in workers' compensation case were reversed because expert testimony failed to establish with reasonable medical certainty a causal connection between the employment-related injury and plaintiff's development of deep vein thrombosis (DVT).
Workers' Compensation — findings of fact — causation — speculation — reasonable degree of medical certainty The Industrial Commission's findings of fact in a workers' compensation case were not supported by competent evidence establishing causation between an employment-related injury and the development of deep vein thrombosis (DVT), because: (1) although expert testimony as to the possible cause of a medical condition is admissible if helpful to the jury, it is insufficient to prove causation when there is additional evidence or testimony showing the expert's opinion to be a guess or mere speculation; (2) a review of the expert testimony revealed that neither of plaintiff employee's physicians could establish with any degree of medical certainty the required causal connection between plaintiff's accident and her DVT; and (3) evidence of plaintiff's age and medical history of hypertension, breast tumors, legPage 229 cramps, and estrogen use suggested other potential causes of plaintiff's DVT.
This summary was generated to explain the ruling in plain English and is not legal advice.
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