Court May Only Consider Evidence About Condition Prior to Decision

A trial court may consider evidence on or before the date of a Division of Workers' Compensation decision that granted a claimant lifetime income benefits, an appellate court ruled.Case: Facility Insurance Corp. v. Kevin L. Gibbs, No. 11-09-00005-CV, 10/8/09, published.Facts: Kevin Gibbs suffered a lower back injury in 1993, and has undergone multiple back surgeries for the compensable injury. He was later diagnosed with failed back syndrome. Citing the fact that he was unable to control his legs, Gibbs' treating physician opined that he would be unable to obtain and keep employment th...