TRANSCONTINENTAL INS. CO. v. CRUMP

No. 09-0005.

330 S.W.3d 211 (2010)

TRANSCONTINENTAL INSURANCE COMPANY, Petitioner, v. Joyce CRUMP, Respondent.

Supreme Court of Texas.

Decided August 27, 2010.

Rehearing Denied February 25, 2011.


Attorney(s) appearing for the Case

David L. Brenner , Burns Anderson Jury & Brenner, L.L.P., Austin, TX, for Transcontinental Insurance Company.

Thomas James Barnes , Barnes & Hughes LLP, Peggy M. Campbell , Attorney at Law, Peter M. Kelly , Law Office of Peter M. Kelly, P.C., Houston, TX, for Joyce Crump.

Albert Betts Jr. , Wade Caven Crosnoe , Thompson Coe Cousins & Irons, L.L.P., Austin, TX, for Amicus Curiae Insurance Council of Texas.

Matthew B. Baumgartner , P.M. Schenkkan , Graves Dougherty Hearon & Moody, P.C., Austin, TX, for Amicus Curiae Texas Mutual Insurance Company.

Norman W. Darwin , Public Counsel, Austin, TX, for Amicus Curiae Office of Injured Employee Counsel.


Justice GREEN delivered the opinion of the Court, in which Chief Justice JEFFERSON, Justice HECHT, Justice WAINWRIGHT, Justice MEDINA, and Justice WILLETT joined, and in which Justice JOHNSON and Justice LEHRMANN joined as to Parts I, II, IV and V.

In this workers' compensation case, we decide three issues: (1) whether expert medical causation testimony from a treating physician relying on a differential diagnosis is reliable and, therefore, legally sufficient evidence...

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