After the IW let go of the foreman, the foreman struck the IW multiple times with a hammer causing the claimed injuries. The IW testified that he returned to work and coworker A struck him in the head with a hammer. Section 401.011(35-a). Repetitive Trauma Injury. [Cross reference: Compensability Occupational Disease (C14)] Walking. [Cross reference: Other Compensability Issues — Course and Scope (C00)] The IW was walking to a work meeting on the employer’s premises when she experienced a pop in her right knee. The IW filed a claim based on this diagnosis. The IW was employed as a mechanic and sustained a heart attack while at work. Texas Employers Indemnity Company v. Etie, 754 S.W.2d 806 (Tex.
App.-Amarillo 1999, no pet.); Peterson v. Continental Cas. Co., 997 S.W.2d 893 (Tex. The IC conceded that the IW’s blood alcohol concentration at the time of the accident was not high enough to meet the presumptive level for alcohol intoxication, but asserted that the evidence did show that the IW did not have the normal use of his mental or physical faculties. Ins. Co. v. Keahey, 119 S.W.2d 618 (Tex.
The HO determined that the compensable injury extends to an L4-5 disc protrusion with central stenosis, among other conditions. The HO determined that the IW established that the heart attack occurred at a specific time and place during a specific event, that is while fighting the fire. For each of these fact circumstances there may be cases where a HO reached the opposite result because of the manner in which the evidence was weighed. Hernandez v. Travelers Indemnity Co. of Rhode Island, 855 S.W.2d 786 (Tex. The Appeals Panel has long held expert medical evidence is not required for strains.