Entomologist Solves Workers' Compensation Case
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An entomologist is an expert in the branch of zoology dealing with insects.
It is unusual for an entomologist to be involved in issues relating to a workers' compensation case.
However, the testimony of an entomologist was the determining factor in a recent workers' compensation case.
In the case, Smith v. Mortex Corp., the worker claimed that she was bitten by a brown recluse spider while at work.
The claimant testified that on July 29, 2003, she saw a spider next to her while at work, she looked down and saw that her foot had "welted."
Three of the claimant's medical doctors testified that, in their opinion to a reasonable degree of medical certainty, the worker was bitten by a brown recluse spider. However, none of those doctors had specific expertise regarding the habitat or habits of a brown recluse spider.
The entomologist called by the defendant expressed the following opinion:
1. The brown recluse lives primarily in quiet, undisturbed outdoor areas such as under rocks, tress, and woodpiles.
2. The spider is not nocturnal. It hunts only at night and hides during the day.
3. The bite of the spider is not admittedly painful.
4. The spider's venom breaks down cells and takes between six and twenty-four hours to cause enough tissue damage to register as discomfort or pain.
The Industrial Commission held against the worker and found that she did not sustain a compensable injury or contract an occupational disease at work.
The injured worker did not help her case by giving inconsistent statements as to when she first saw a spider at work. In one statement, she testified that she had not seen a spider at all.
This case illustrates that experts from any field could be helpful in solving workers' compensation cases.
For more information on this subject matter, please review our section on Workers Compensation.