Nomac Drilling, LLC v. Mowdy

Claimant Kelly Mowdy filed a workers' compensation claim after a spider bit him. Claimant worked as a floor hand for Petitioner Nomac Drilling, LLC when he noticed two red bumps on his knee. He reported the bumps to his supervisor, who seemed unconcerned about the injury. Over the course of a few days, the bumps grew swollen, infected, turned dark red and purple, and would later be diagnosed as an abscessed spider bite in which methicillin-resistant staphylococcus aureus (MRSA) cultures were found. Claimant underwent surgery to remove dead and infected tissue. Nomac denied Claimant's injury was the result of his employment. The case was tried, and testimony revealed that Claimant's living arrangements while working for Nomac were in a heavily wooded area that "was not real clean, not real kept up." A big hole underneath his bed lead all the way to the outdoors. The Workers' Compensation Court found Claimant's testimony was credible and persuasive. The court concluded that the incident was the predominant cause of Claimant's right leg injury, and awarded Claimant TTD benefits. Nomac appealed to the three-judge panel. The panel sustained the award. The Court of Civil Appeals, however, vacated the award and ordered the claim dismissed. Upon review, the Supreme Court reversed the appellate court: "an appellate court must sustain the Workers' Compensation Court's decision where there is any competent evidence supporting the decision. Claimant's expert medical report [was] not defective, and there [was] sufficient evidence to support the trial court's finding that the Claimant sustained an accidental injury arising out of and in the course of his employment." View "Nomac Drilling, LLC v. Mowdy" on Justia Law