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Bollinger v. Coast to Coast Total Hardware2/17/2000
In-Home Servs., 122 Idaho 897, 900, 841 P.2d 427, 430 (1992). In finding that Bollinger's assertions of continual pain were not credible, the Commission cited (in addition to Bollinger's demeanor at the hearing) Bollinger's failure to maintain contact with Dr. Anderson; his active lifestyle which included playing basketball, four-wheeling, and hunting; and his failure to disclose his full medical history to the Commission. The Commission also noted that Bollinger undertook heavy manual labor jobs and never [until the October 1995 dishwashing incident] complained to his employers about back pain or missed work due to back pain. Bollinger asserts that none of these is sufficient to show lack of credibility. He argues that he did not return to Dr. Anderson for financial reasons, that his physical activities were not especially jarring, and that he fully disclosed his medical records once admissibility issues were resolved.
As fact finder, the Commission was free to weigh the evidence to determine if Bollinger's testimony was credible. A reasonable person could conclude that Bollinger's failure to follow up on the recommended rehabilitation, even for financial reasons, meant that his lower back pain had abated. The Commission could also reasonably interpret Bollinger's willingness to participate in strenuous physical activity as an indication of no back pain.
The Commission could also conclude that Bollinger's initial failure to disclose the Occumed medical file showed a lack of credibility. In August 1996, Occumed found Bollinger's spine, neurologic conditions, lumbar spine, and lower-extremity strength and range of motion to be normal and recommended Bollinger for work without limitations. This file was not revealed at the time of the Commission's hearing. Evidently defense counsel, in an affidavit, revealed the existence of the Occumed records to the Commission in March 1997. Thereafter, Bollinger's attorney and defense counsel stipulated to the admission of the Occumed records. The Commission erroneously cited defense counsel's affidavit, which was not in the record, in its findings of fact. However, the Occumed materials themselves supported the Commission's finding that Occumed's medical practitioner found Bollinger to present no unusual circumstances or physical problems. On this basis, a fact finder could reasonably infer that Bollinger's reluctance to disclose this information was an attempt to withhold potentially impeaching information.
The above evidence is sufficient to support a conclusion that Bollinger's assertion of continuous back pain was not credible. Therefore, we hold that there is substantial and competent evidence that Bollinger's testimony of continuous pain was not credible.
B. Substantial and Competent Evidence Supports the Industrial Commission's Conclusion
That Medical and Other Evidence Did Not Prove that Bollinger's 1995 Lower Back Condition Was Causally Linked to the February 1993 Injury.
In addition to deciding that Bollinger's assertions of continual pain were not credible, the Commission found that Bollinger's medical and other evidence did not prove, on a more probable than not basis, that his 1995 lower back condition was causally linked to the February 1993 injury. Bollinger asserts that this finding is not supported by substantial and competent evidence.
In weighing the medical evidence, the Commission concluded that none of the offered exhibits either proved or disproved that Bollinger's 1995 condition stemmed from his February 1993 injury. Dr. Lambert's causation opinion was based on Bollinger's assertion of continuous pain since 1993, which the Commission had found not credible; Dr. Champa
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