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Case Name | SORM v. Adkins | |
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Date | 08/09/2011 | |
Note | An injured worker needed expert medical advice to prove that he aggravated a preexisting condition while employed as a prison guard. | |
Citation | 05-10-00406-CV | |
WCC Citation | WCC 15662011 TX |
After exhausting all his administrative remedies, Adkins filed his cause of action against SORM in district court. SORM argues Adkins needed to provide expert testimony to establish aggravation of a preexisting condition, which he failed to do. Moreover, SORM contends Adkins left the jury to interpret medical records, which as laymen, they were not equipped to do. Adkins argues the report is sufficient because Dr. Shwarts stated Adkins suffered "an acute exacerbation of cervical radiculopathy. "In its second issue, SORM argues because Adkins did not sustain a compensable injury, he did not have a disability as defined by the Texas Labor Code.
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