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Webb v. Power Circuit12/29/2000
pert testimony is required to establish the cause of an injury in certain situations. In the case at bar, the Commission found that plaintiff's depression had "increased since the time of the accident" and that " laintiff's depression makes it hard for him to deal with his job-caused chronic pain and his job- caused chronic pain exacerbates his depression." Thus, the Commission properly relied on plaintiff's testimony to support a finding that his depression has increased, not in support of a finding of causation.
The defendants' final assignment of error is that the Commission incorrectly calculated plaintiff's compensation rate based on the hours he worked prior to the injury . The Commission found that plaintiff worked a 40 hour work week; however, defendants assert that the Form 22 showed that plaintiff only worked 14 to 15 hours per week initially with his hours increasing over time, but never reaching 40 hours per week. Plaintiff testified that he worked five days a week, eight hours a day, and that he was often "loaned out" to another company owned by the defendant-employer in order to keep him fully employed. The Commission found this evidence was "unchallenged" and more credible. The opinion and award of the Commission is
Affirmed.
Judges McGEE and HORTON concur.
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