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Joseph Haussecker, a former sandblaster, developed respiratory problems in 1967 and suspected silicosis, filing a worker's compensation claim in 1968, which was dismissed in 1972 due to lack of medical diagnosis. He was finally diagnosed with silicosis in April 1990. The Hausseckers then contacted attorney Jerry Childs for a product liability suit, but he advised them that the statute of limitations had run. They subsequently filed a legal malpractice suit against Childs, alleging a fact question regarding the discovery rule's application to the statute of limitations for their silicosis claim. The appellate court reversed the summary judgment for Childs, finding a fact question exists as to when Haussecker, through reasonable diligence, should have discovered the permanent nature of his occupational disease.
Haussecker v. Childs is a workers' compensation case decided in Court of Appeals of Texas. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Court of Appeals of Texas.
Full Decision Text1 Pages
Joseph Haussecker, a former sandblaster, developed respiratory problems in 1967 and suspected silicosis, filing a worker's compensation claim in 1968, which was dismissed in 1972 due to lack of medical diagnosis. He was finally diagnosed with silicosis in April 1990. The Hausseckers then contacted attorney Jerry Childs for a product liability suit, but he advised them that the statute of limitations had run. They subsequently filed a legal malpractice suit against Childs, alleging a fact question regarding the discovery rule's application to the statute of limitations for their silicosis claim. The appellate court reversed the summary judgment for Childs, finding a fact question exists as to when Haussecker, through reasonable diligence, should have discovered the permanent nature of his occupational disease.
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