470 S.W.3d 770 (Mo. App. E. D. 2015)
Full Opinion: [Kolar v. First Student, Inc.]
Code(s): C002 Medical Causation; C004 PPD; C005 Credibility of Medical Experts; C017 Credibility of Witnesses (General); C018 Load/Loading Factor
Factual
Background:
Claimant
was a bus driver who injured his right leg when he fell during a bus
inspection. While undergoing rehabilitation, he was not allowed to bear weight
on his right leg and began complaining of pain in his left knee. Dr. Volarich
determined that the left knee pain was a result of the work accident. The
treating physician found the left leg pain unrelated to the work accident. The
ALJ determined that the left knee was work-related, finding Dr. Volarich more
credible than the treating physician. The ALJ also assigned a multiplicity
factor or load of 12.5% due to the opposing extremities being involved.
Commission Decision:
The
Commission affirmed and adopted the ALJ’s findings that the left knee was
work-related and that a multiplicity factor should be paid.
Analysis/Holding:
The fact-finder has particular authority to determine witness credibility and assign weight to the evidence. To choose between two conflicting medical theories is a determination particularly for the Commission. The Commission’s factual findings were supported by the competent and substantial evidence. The Court also found that the 2005 Amendments to the Workers’ Compensation Act did not eliminate the Commission’s discretion to assign multiplicity factors.
The Court of Appeals affirmed the decision of the Commission.
The Takeaway:
The
Court is obliged to accept the Commission’s credibility determinations even
when there are conflicting medical theories. Multiplicity or loading factors
can be handed out within the Commission’s discretion.