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Estridge v. Waste Management5/17/2000
settled that the Commission has the authority to accept or reject medical opinion and the authority to determine its medical soundness and probative force. Sapp v. Phelps Trucking, Inc., 64 Ark. App. 221, 984 S.W.2d 817 (1998).
Dr. Owens' interpretation of the first set of x-rays was deemed unreliable for a diagnosis of straightening of the lordotic curve since the radiologist did not report this condition. The radiologist opined only that there were degenerative changes. There was also no evidence that straightening of the lordotic curve related to any event or activity at work or even that it involved the same area of the back. Therefore, the Commission found Dr. Owens' independent conclusion to be speculative. Because there were no objective medical findings to support a compensable injury , appellant failed to carry his burden of proof. Appellant alternatively argues that because he presented to the physician chosen by his employer, which resulted in him undergoing surgery, then the resulting surgical injuries should be compensated. We disagree, because any surgical injury sustained was related to a pre-existing condition that was not compensable. Therefore, treatment rendered for that condition is not compensable. Even if his surgical scarring were compensable, appellant failed to show that it, as opposed to his pre-existing degenerative disc problem, was the major cause of the 11% anatomical impairment rating. Ark. Code Ann. ยง 11-9-102(5)(F)(ii); see also Guides to the Evaluation of Permanent Impairment, supra.
Because the Commission's opinion displays a substantial basis for the denial of compensation, we affirm.
Bird and Meads, JJ., agree.
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