Michelle Bubnis v. Leander Independent School District
03-13-00196-CV
| Tex. App. | May 11, 2015Background
- Michelle Bubnis (appellant) claimed that a May 22, 2003 chemical exposure caused toxic encephalopathy, anxiety, and depression; DWC found the May 22, 2003 injury was a producing cause of her anxiety and depression.
- Leander ISD / its carrier (appellee/plaintiff below) challenged the DWC decision and litigated in court; carrier’s original petition did not limit the anxiety/depression issue by time or intervening events.
- At trial the carrier argued any anxiety/depression from 2003 had resolved before later incidents (e.g., a 2007 diagnosis) and that later events caused the current condition.
- Appellant contends the appellate court improperly limited the DWC’s issue to “current” or post-2007 symptoms, contrary to administrative determinations that made no such temporal limitation.
- Record evidence: carrier’s representative conceded the carrier was not disputing that anxiety/depression resulted from the chemical exposure; treating and designated doctors acknowledged anxiety/depression related to the exposure; Bubnis testified she had no prior anxiety/depression.
- Appellant acknowledges impairment-rating issues require permanency/MMI and does not ask the court to change the impairment-rating holding here; she seeks reversal/rendering on the anxiety/depression extent issue.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the compensable May 22, 2003 injury extends to include anxiety and depression | Carrier argued that any 2003-related anxiety/depression had resolved and later events (post-2007) caused current symptoms | Bubnis: DWC decided 2003 injury produced anxiety/depression without temporal limitation; carrier did not raise a time-limited issue administratively | Appellate court opinion limited the scope to the carrier’s trial theory; Bubnis requests rehearing to reverse and render in her favor on the DWC-determined issue |
| Whether a party may narrow the DWC’s decided ‘issue’ by trial theory or later argument | Carrier implicitly asked court to treat the issue as limited to current or recurrent symptoms | Bubnis: issues for judicial review are the disputed determinations the hearing officer actually made; parties cannot reframe issues on appeal that were not raised before DWC | Appellant argues court should follow precedent that ‘issue’ means the hearing officer’s determinations, not parties’ subarguments |
| Burden to prove a subsequent event is sole cause of current condition | Carrier bears burden to prove a subsequent injury is the sole cause if it asserts that defense | Bubnis: carrier failed to prove any sole-cause contrary medical evidence; carrier conceded it wasn’t disputing causation in administrative proceedings | Appellant asserts carrier’s failure at admin level and concessions undermine carrier’s appeal on causation |
| Whether impairment rating requires MMI/permanency for anxiety/depression | Carrier implied permanent impairment should be required for rating based on diagnosed conditions | Bubnis concedes impairment ratings require MMI and permanency and does not seek to alter impairment holding here | Impairment-rating legal standard remains that ratings must be made post-MMI and reasonably presumed permanent |
Key Cases Cited
- Tex. Workers' Comp. Ins. Fund v. Tex. Workers' Comp. Comm'n, 124 S.W.3d 813 (Tex. App.--Austin 2003) ("issue" refers to disputed determinations made by the hearing officer)
- GTE Southwest Inc. v. Bruce, 998 S.W.2d 605 (Tex. 1999) (emotional injury recoverable where mental trauma causes physical malfunction)
- Sec. Nat'l Ins. Co. v. Farmer, 89 S.W.3d 197 (Tex. App.--Fort Worth 2002) (consideration of whether earlier compensable injury produces later disc herniations)
- City of Pasadena v. Olvera, 95 S.W.3d 494 (Tex. App.--Houston [1st Dist.] 2002) (party challenging DWC decision bears burden on issues in judicial review)