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Manpower8/9/2002
Ellis was an examining physician at the time of Brawdy's back injury in 1998 and examined her after her back surgery in 2001. Both of his reports are in the record as well as his testimony. After his subsequent examination, he unequivocally formed the opinion that Brawdy's back injury had changed for the worse. His opinion was based on his review of his previous medical reports, the Workers' Compensation Court's orders, the report of the surgeon who performed the 2001 back surgery and his examination of Brawdy after her surgery.
We must apply the standard of review as stated in Parks v. Norman Municipal Hospital, 1984 OK 53 , 684 P.2d 548, 552:
When the panel-substituted decision is tendered for corrective relief, it must hence be reviewed by applying the law's traditional any-competent-evidence test of correctness. Under this standard our responsibility simply is to canvass the facts, not with an object of weighing conflicting proof in order to determine where the preponderance lies but only for the purpose of ascertaining whether the tribunal's decision is supported by competent evidence.
The order of the Workers' Compensation Court, as unanimously affirmed by the three-judge panel, is based on competent evidence. We therefore SUSTAIN the order.
JONES, J., and JOPLIN, V.C.J., concur.
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