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Bollinger v. Coast to Coast Total Hardware2/17/2000
y, Bollinger had "moderate resolution of his symptoms."
Bollinger took a job in the fall of 1996 which required a pre-employment physical. Occumed Corporate Occupational Health Services (Occumed) performed the physical. Bollinger indicated in the patient questionnaire that he had suffered back pain and took ibuprofen under a physician's prescription. The examining physician, however, found his back normal and placed no work limitations on Bollinger.
Bollinger filed a worker 's compensation notice of injury and claim for benefits with the Industrial Commission on October 31, 1995. In May 1996, he filed a worker 's compensation complaint with the Industrial Commission. He contended that the February 1993 injury caused a lower back condition for which he required treatment until February 27, 1996. Bollinger sought reimbursement for $5,114.10 in medical expenses as well as a 5% permanent physical impairment rating and a 30-50% permanent partial disability rating. Coast to Coast contended that Bollinger's February 1993 industrial injury was resolved on March 24, 1993, when Bollinger's treating chiropractor closed the case. The Industrial Commission conducted a hearing in February 1997, after which both parties submitted additional material.
In August 1998, the Industrial Commission issued its Findings of Fact, Conclusions of Law, and Order. Based on Bollinger's work and recreational history, his perceived lack of credibility, and medical evidence deemed unpersuasive, the Industrial Commission concluded that Bollinger did not meet his burden of proving, on a more probable than not basis, that his existing lower back condition was a continuation of the February 1993 injury. On this basis, the Commission denied compensation for treatment rendered after March 24, 1993. Bollinger filed a timely notice of appeal.
II.
STANDARD OF REVIEW
When this Court reviews a decision of the Industrial Commission, it exercises free review over questions of law but reviews questions of fact only to determine whether substantial and competent evidence supports the Commission's findings. Ogden v. Thompson, 128 Idaho 87, 88, 910 P.2d 759, 760 (1996). Substantial and competent evidence is "relevant evidence which a reasonable mind might accept to support a conclusion." Boise Orthopedic Clinic v. Idaho State Ins. Fund (In re Wilson), 128 Idaho 161, 164, 911 P.2d 754, 757 (1996).
The determination of whether an injury arose out of the course of employment is a question of fact to be decided by the Commission. Kessler ex. rel. Kessler v. Payette County, 129 Idaho 855, 859, 934 P.2d 28, 32 (1997). Because the Commission is the fact finder, its conclusions on the credibility and weight of the evidence will not be disturbed on appeal unless they are clearly erroneous. Zapata v. J.R. Simplot Co., 132 Idaho 513, 515, 975 P.2d 1178, 1180 (1999). This Court does not weigh the evidence or consider whether it would have reached a different conclusion from the evidence presented. See Warden v. Idaho Timber Corp., 132 Idaho 454, 457, 974 P.2d 506, 509 (1999).
III.
ANALYSIS A. Substantial and Competent Evidence Supports the Industrial Commission's Conclusion That Bollinger's Assertions of Continuous Pain Were Not Credible.
The Industrial Commission concluded that Bollinger's allegations of continuous pain since the February 1993 injury were not credible. Bollinger asserts that this finding is not supported by substantial and competent evidence.
This Court must uphold the Commission's credibility finding if there is any substantial and competent evidence in the record to support the finding. Darner v. Southeast Idaho
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