Legal Opinion · Dissent

Carmena v. St. Anthony's Home

Louisiana Court of Appeal

Decided May 2, 2012No. 2011 CA 1181Published

1DissentWelch, J.

|¶1 respectfully disagree with the majority opinion in this case. The WCJ made a factual finding that there was a causal connection between the original work-related accident and the injury to Ms. Carmena’s left knee. Although Dr. Rodriguez did not relate the accident to her left knee injury, causation is not necessarily and exclusively a medical conclusion, but rather, it is an ultimate fact to be determined by the fact finder based on all credible evidence. Champagne v. Roclan Systems, Inc., 2006-1928 (La.App. 1st Cir. 2/20/08), 984 So.2d 808, 814; see also Buxton v. Iowa Police Dept.,…

2Cases cited2 opinions

  1. Buxton v. Iowa Police DepartmentSupreme Court of Louisiana · 2009
  2. Champagne v. Roclan Systems, Inc.Louisiana Court of Appeal · 2008

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