Texas Supreme Court

Alton A. Parker, Petitioner v. Employers Mutual Liability Insurance Company of Wisconsin, Respondent

January 22, 196912 Tex. Sup. Ct. J. 200

Summary

The Texas Supreme Court affirmed the Court of Civil Appeals, holding that the plaintiff failed to present evidence establishing a reasonable medical probability that his cancer was caused by radiation exposure in his employment. The Court reiterated that possibility alone is insufficient for causation in workers' compensation cases and that expert testimony must show a probability greater than mere speculation. A dissent argued that the jury's verdict should be upheld because the evidence of exposure was sufficient. The opinion also discussed comparative jurisdictional approaches to radiation‑induced occupational disease.