474 S.W.3d 572 (Mo. App. W. D. 2015)
Code(s): C003 SIF Liability; C005 Credibility of Medical Experts ; C017 Credibility of Witnesses (General)
Factual
Background:
Claimant
injured her lower back and right knee at work, and alleged she was PTD due to
her work injury combined with prior injuries to her neck, mid-back, headaches,
and diabetes as well as suffering from headaches and diabetes. In alleging that
SIF was liable for PTD benefits, Claimant presented the testimony of Dr.
Stuckmeyer who opined that she was PTD due to her work injury in combination
with her prior conditions. However, Drs. Applebaum and Reardon found her past
medical history and symptoms to be insignificant.
Commission Decision:
The
Commission affirmed the ALJ’s award denying PTD benefits because it did not
find Claimant’s testimony was supported by credible medical evidence since
there were treating physicians that found her past symptoms insignificant.
Analysis/Holding:
The
true issue is whether Claimant met her burden of proof regarding whether she
suffered from a pre-existing condition of such seriousness as to constitute a
hindrance or obstacle to her employment. Dr. Stuckmeyer offered a conclusory
opinion that did not explain how prior conditions combined with the primary
injury to render Claimant PTD. Claimant’s own testimony regarding her prior
conditions was in contradiction with her treating physicians. The weighing of
the evidence was within the Commission’s discretion.
The Court affirmed the Commission’s decision denying PTD benefits.
The Takeaway:
Credibility
of the witnesses and their testimony is a question of fact for the Commission
to determine, and their findings will be upheld by the Court if reasonably
supported by the evidence on the record.