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Pauls Valley Travel Center v. Boucher5/3/2005
s predisposed toward a particular occurrence. To produce harm, proneness requires that external forces be at work in conjunction with its presence. An examination of an injury's genesis helps keep the distinction clear. Where an untoward movement (or some other "normal" external force) co-operates in producing the injury, the resulting harm cannot be said to be idiopathic in origin. Here, claimant's knee did not give way spontaneously; rather, an untoward step precipitated the harm that ensued. Even if employer did establish Boucher's proneness to injure herself because of a pre-existing defect, it does not follow, as a matter of law, that her on-the-job injury stems solely from idiopathic harm that is not compensable.
There is competent evidence to support the trial tribunal's order. COCA's analytical scheme presses its review of the record far beyond the boundary line drawn by the standard of review allowed by law for appellate-court re-examination of the trial tribunal's findings.
IV. SUMMARY
Claimant's knee strain is ipso facto an on-the-job injury . Once a claimant, as this one did here, has established a prima facie case, the burden shifts to the employer to refute the presence of a causal nexus between the worker's injury and her employment. To effectively refute this burden, employer must prove idiopathic harm is the sole cause of employee's injury. A mere legal conclusion of idiopathy is not enough. Employer's proof does not meet the required showing. There is competent evidence to support the order of the three-judge review panel. Our statutory duty clearly calls for its sustension.
On certiorari previously granted, COCA's opinion is vacated and the review panel's order is reinstated.
WINCHESTER, V.C.J. AND LAVENDER, HARGRAVE, OPALA, KAUGER, EDMONDSON, TAYLOR AND COLBERT, JJ., CONCUR.
WATT, C.J., DISSENTS.
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