No. 12-103979 (Mo. Lab. & Indust. Rel. Comm’n
Dec. 23, 2015)
Code(s): C002 Medical Causation; C005 Credibility of Medical Experts
Factual
Background:
Claimant
sought PPD benefits based on his claim that his noisy work environment caused
tinnitus and disability in the form of constant ringing and buzzing in his
ears. David Mason, a PhD audiologist testified on behalf of Claimant and Dr.
Anthony Mikulec testified on behalf of Employer.
ALJ Decision:
The
ALJ found the testimony of David Mason, PhD more persuasive than Dr. Anthony
Mikulec. As such, he awarded PPD benefits. Employer appealed arguing that the
testimony from the audiologist that is not licensed to practice medicine is
insufficient as a matter of law to satisfy the burden of proof as to medical
causation.
Analysis/Holding:
The Commission relied on Landers and restated that where an expert witness possesses scientific, technical, or other specialized knowledge that will assist the trier of fact in resolving an issue of medical causation, the fact that the witness does not possess a license to practice medicine is not relevant. Further, in that tinnitus derives solely from the subjective symptoms reported by Claimant, the Commission found that as a factual matter it would not be possible for a physician to demonstrate or certify disability referable to tinnitus. Section 287.190.6(2) was not applicable where the uncontested evidence revealed there was no objective method for quantifying PPD.
The Commission affirmed the award and decision of the ALJ.
The Takeaway:
An
expert does not have to be a licensed physician if they have scientific,
technical, or other specialized knowledge.