American Motorists Insurance Co. v. Lynn

OPINION

OSBORN, Chief Justice.

May a doctor who treated a worker’s compensation claimant after a prior injury testify as to the percentage of incapacity a worker has which is attributable to the first injury in a case involving a subsequent injury when the doctor did not examine or treat the claimant after the second injury? We conclude that the answer is “yes”, and the judgment of the trial court must be reversed because of the failure of the court to submit to the jury contribution issues concerning incapacity resulting from the prior injury. We reverse.

Billy Lynn sustained a back injury on…