 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Jensen v. City of Pocatello12/15/2000
ease that we discovered and we found no evidence of infection. But I cannot say to a reasonable degree of medical certainty that those were not involved based on my work-up. (Hearn Depo p. 15-16)
This testimony presents "evidence which a reasonable mind might accept to support conclusion," Warden v. Idaho Timber Corp. 132 Idaho 454, 456-57, 974 P.2d 506, 508-09 (1999), that Dr. Hearn believed that the most likely cause of Jensen's renal failure was the ingestion of the Pain-Off. While, perhaps, the Industrial Commission referee interpreted the testimony of Dr. Hearn differently from how the City would have interpreted his testimony, there nevertheless, appears to be substantial and competent evidence to support the referee's and the Industrial Commission's conclusions.
Next, the City takes issue with a portion of the referee's finding of fact number 33, that "Dr. Hearn's testimony demonstrates he considered Claimant's May 1, 1997, ingestion of medication at work the most likely cause of his renal failure." Again, Dr. Hearn testified as follows:
Q. Dr. Narasimhan basically is saying that given what's in Pain-Off, he doesn't think that could cause it; right?
A. Yes.
Q. And basically you're saying you wouldn't expect it, either?
A. Yes, that's correct.
Q. In the inquiry, the index of suspicion requires that we say whatever was in there has got to be right on the top of our list because of the sequence of events; right?
A. I'm trying to be exactly correct in how I answer that. In the list of my speculation of what might have caused the renal failure, then it would be at the top of that list of my speculation. I don't know of anything that would be higher, but I have no evidence to support that it was the cause.
Q. That's right. That's right. Nobody does, and nobody will if the medication was all destroyed?
A. I think that's probably fair. That's correct. (Emphasis added).
Again, Dr. Hearn's testimony directly support's the referee's finding. Dr. Hearn testified that Jensen's ingestion of Pain-Off was "at the top of that list of my speculation. I don't know of anything that would be higher ...." Therefore, this finding of the Industrial Commission's referee is also supported by substantial and competent evidence.
Finally, the City claims that the referee's finding number 37, that "The non-expert evidence and much of the expert evidence herein indicate a causal relationship between claimant's ingestion of Pain-Off at work and his renal failure ...." is not supported by substantial and competent evidence.
Support for the finding that "non-expert" evidence indicated a causal connection between Jensen's Pain-Off ingestion and his renal failure comes from the testimony of Jensen's supervisor. For example, Kirk Malm testified that within minutes of Jensen's taking the Pain-Off, he observed Jensen "doubled over holding his stomach and, if I recall, his back. And he looked terrible .... So at that time, I told him to head for the truck - - or the pickup, that I was going to take him in, and we'd left. On my way out, I had taken a package of the Pain-Off with me. Not that - - I don't know, it's just something in my nature, if a kid gets sick, or somebody gets sick or ill or hurt, go back to the last thing that they'd done ...."
Other "non-expert" evidence would include, the closeness in time between the ingestion of the Pain-Off and the onset of symptoms. Jensen testified that it was only about "two, three minutes" between taking the Pain-Off and the onset of the symptoms. Jensen testified that after being discharged from the hospital a
Page 1 2 3 4 5 6 7 8 Idaho Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|