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Muhammad v. Laidlaw Transit6/24/2005
seizure we try to look for the cause, what brought the break-through seizure. Is it some antibiotics she was taking or is it new type of medication which she has been taking that she has not been on, we look for other causes. At that time, she was not on any new medications than we've described. So, it is reasonable to assume that stress causes that and sleep deprivation causes that.
"Q: Just so when we look back at this we're able to fully understand what you're saying, are you saying that based on that assumed fact that it's reasonable to infer that her employment contributed to the seizure?
"A: Yes. The added stress and sleep deprivation caused it, yes, sir."
(Emphasis added.) The trial court applied the wrong standard for medical causation. The trial court concluded that "the [plaintiff] has failed to establish that any such work related fatigue or stress was the proximate cause of the seizure that led to the decedent's death as opposed to other causes." However, the correct analysis is whether the risk or hazard to which the employee was exposed was a contributing cause of the seizure. See Ex parte Trinity Indus., Inc., supra.
The employee suffered a physical injury within the meaning of ยง 25- 5-1(9). Additionally, the trial court did not properly analyze whether the plaintiff had demonstrated legal causation or medical causation of the physical injury under the Howard two-prong test refined in Ex parte Trinity Industries, Inc. Therefore, I believe this case should be reversed and remanded.
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