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Texas Gas Transmission Corporation v. Dabney8/2/2005
ry, which indicates many conditions and symptoms of polyneuropathy before the snakebite, (b) the fact that Dr Cape did not have knowledge of Dabney's full medical history of these conditions and symptoms, and (c) the absence of medical literature to establish that snake venom causes polyneuropathy. On the other hand, the testimony of the experts offered by Texas Gas/Liberty Mutual clearly demonstrated that copperhead venom does not affect the nervous system, but instead is a hemorrhagic toxin that affects the ability of the blood to clot.
. This is not a case of dueling experts testifying about various causes of the Claimant's polyneuropathy with one a "treating" and other retained expert. Rather, this is a case where the Dabney's expert has offered an opinion based completely on unreliable history with no medical or scientific basis to support the finding. The employer/carrier's experts offered credible and sufficient evidence that demonstrated that polyneuropathy could not be caused by a copperhead snakebite.
. I am of the opinion that Dabney failed to prove that his polyneuropathy was caused by the snake bite. For this reason, I would reverse and render the Commission and the Circuit Court.
BRIDGES, P.J., JOINS THIS SEPARATE OPINION.
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