Castaneda v. INTERNATIONAL LEG WEAR GROUP

The majority’s opinion erroneously holds plaintiff presented competent evidence to establish a causal relationship between her work-related accident and alleged annular disc tear and affirms the Commission’s Opinion and Award granting plaintiff temporary total disability benefits. Dr. Maxy’s expert medical opinion concerning the cause of plaintiff’s injury was based upon mere speculation and conjecture and is insufficient to meet plaintiff’s burden of proof to establish the essential element of causation. I respectfully dissent.

I. Standard of Review

[W]hen reviewing Industrial Commission…