S-13-0716, Wingfield (Appellant) v. Hill Brothers Transportation , Inc.
Workers’ Compensation Court, Judge John R. Hoffert
Attorneys: Stacy L. Morris (Lamson, Dugan & Murray, LLP) (Appellant) --- Caroline M. Westerhold (Baylor, Evnen, Curtiss, Grimit & Witt, LLP)
Civil: Compensability of employee’s injury
Proceedings below: The trial court dismissed Appellant’s workers’ compensation petition.
Issues: The trial court erred 1) as a matter of law by applying the causation standard used in heart attack cases to the facts of this case, 2) in determining the Appellant’s injury did not arise out of his employment with defendant, 3) by sustaining Appellee’s objections to Appellant’s exhibits relating to his medical bills and mileage reimbursement requests, and 4) in failing to calculate Appellant’s average weekly wage, and in failing to award Appellant temporary total disability benefits, permanent total disability benefits, past medical bills, future medical treatment, penalties, attorney fees and interest.