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Kerns v. Midwest Conveyor2/10/2004
used by the accident. As a result, Dr. Sollars concluded that the respondent is "totally and permanently disabled as a direct result of the fall in 1995."
The foregoing evidence constituted substantial and competent evidence establishing a causal link between the accident and the respondent's disabling injuries. The appellant, however, contends that the Commission could not rely on this evidence in that "the opinions were based on the opinion of another doctor who specifically did not find causation," specifically Dr. Nora Clark. As to that issue, the record does indicate that Drs. Koprivica and Katf, in finding as they did, relied, in part, on Dr. Clark's finding that the respondent suffered from an impairment in brain-related functioning. However, Dr. Clark's finding went to the issue of whether the respondent was permanently and totally disabled, not whether the accident caused him to be disabled. In any event, the fact that Dr. Clark made no determination as to the causation of the respondent's brain dysfunction would not render incompetent the other expert medical evidence establishing causation.
Although Dr. Sollars, in a letter to the respondent's attorney, Michael Knepper, dated August 12, 1997, stated that he agreed with Dr. Clark that "it was the fall and the closed head trauma that certainly has affected his memory and his particular state of depression," which indicates he misinterpreted Dr. Clark's findings as establishing causation, the record demonstrates that in finding causation, Dr. Sollars did not rely on a causation finding by Dr. Clark. This is so in that the record indicates that Dr. Sollars had expressed an opinion of causation long before Dr. Clark even began testing on the respondent. In that regard, in a separate letter to Eric Ryan of Disability Determinations, concerning the respondent's prognosis, dated April 29, 1996, approximately four months before Dr. Clark's first meeting with the respondent, Dr. Sollars expressed his opinion that the respondent had been suffering persistent memory problems and physical limitations since the accident, and that as a result the respondent "is totally disabled due to the injuries suffered on June 26, 1995."
As to the appellant's claim that the causation evidence relied on by the Commission in its finding was incompetent because it was based, in significant part, on the subjective complaints of the respondent, it is essentially the same contention that it made in Point II, supra, except as to the respondent's disability rating, rather than the issue of causation. Regardless, the same rationale that applied in deciding Point II against the appellant applies in this point. The doctors in question, in making their causation determinations, as in determining disability, were free to rely on the subjective complaints of the respondent. Avery, 966 S.W.2d at 322; Lawton, 885 S.W.2d at 771.
Point denied.
III.
In Point III, the appellant claims that the Commission erred in finding that it was liable for the entirety of the respondent's disability because, pursuant to section 287.220.1, it was only liable for the disability resulting from the last injury caused by the accident. Specifically, it claims that the Commission erred in finding that it was liable for the entirety of the respondent's disability "in that the facts demonstrate [respondent] suffered from numerous debilitating injuries and ailments prior to the accident here." This claim is moot, however, given the outcome of Points I and II.
The Supreme Court recently explained that:
In deciding whether the fund has any liability, the first determination is the degree of disability from the last injury c
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