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Baird v. Ozarks Coca-Cola/Dr. Pepper Bottling Company9/9/2003
ecause the award was not supported by competent and substantial evidence "in that Claimant entered into a compromise settlement agreement releasing the Employer from further liability in connection with his 1993 back injury, and the Commission's Order awards additional compensation to Claimant for that same injury."
The commission found, based on medical evidence from Dr. Winkler and Dr. Belz, that claimant's injury arose from an accident that occurred between January 1997 and June 1997; that the injury did not arise from the 1993 injury for which claimant entered into a compromise settlement agreement. For the reasons stated in addressing Point I, the commission's determination in that regard is supported by competent and substantial evidence on the whole record. Further opinion with respect to Point II would have no precedential value. No error of law appears. Point II is denied pursuant to Rule 84.16(b)(4) and (5). The award is affirmed.
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