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Click here for the full text of this decision FACTS:The appellant, Transcontinental Insurance Co. appeals the judgment in favor of the appellee, Robert Smith. The jury found that Smith’s heart attack constituted a compensable injury. HOLDING:Affirmed. Texas Labor Code �408.008 governs the compensability of heart attacks. The Labor Code allows a claimant to recover from a compensable heart attack injury only if: 1. one can identify the attack as A. occurring at a definite time and place; and B. caused by a specific event occurring in the course and scope of the employee’s employment: and 2. the preponderance of the medical evidence regarding the attack indicates that the employee’s work rather than the natural progression of a pre-existing heart condition or disease was a substantial contributing factor of the attack. The claimant must satisfy both criteria to recover for a compensable heart attack injury. The court disagrees with Transcontinental’s assertion that Smith’s testimony on cross-examination specifically negates the definite time and place and by a specific event requirement. Smith’s continued heavy physical labor over the workday is sufficient to satisfy the statutory requirement that the heart attack occur during a specific event, namely while performing the heavy physical labor for his employer. Because Smith’s and Dr. Garza’s testimony are sufficient to pinpoint the heart attack as occurring during the afternoon of April 17, 1998, and caused by the specific event of driving grade stakes, the court concludes sufficient evidence exists, legally and factually, to support the jury’s decision. Smith and Transcontinental provided the jury with expert medical opinions of the cause of Smith’s heart attack. While the evidence is conflicting, it was for the jury, and not this court, to weigh and compare the medical evidence to decide which contributing factor was greater. The record contains sufficient evidence, legally and factually, to support the jury’s decision that a preponderance of the medical evidence indicates the work rather than the natural progression of a pre-existing heart condition or disease was a substantial contributing factor to Smith’s heart attack. The record does not contain an itemized list describing the nature of the expenses incurred in preparing and trying the case. Transcontinental had the burden to provide a record demonstrating an abuse of discretion. Simon v. York Crane & Rigging Co., 739 S.W.2d 793 (Tex. 1987). When such a record is not provided, the court presumes the evidence before the trial court was adequate to support the decision and the trial court did not abuse its discretion. Here, in its order granting attorney’s fees, the trial court states that it made its decision in reliance on the evidence and arguments presented by counsel. Based on this record, the court cannot say the trial court erred by awarding the attorney’s fees and expenses as it did. OPINION:Marion, J.; Duncan, Marion and Speedlin, JJ.

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