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Bollinger v. Coast to Coast Total Hardware2/17/2000
's evaluation was suspect because Bollinger did not inform him of the October 1995 incident; and Dr. Knoebel's conclusion that a June 1995 event had caused Bollinger's lower back condition appeared unsubstantiated and perhaps arbitrary because no facts in the record showed an accident or injury at the time.
Finding the medical evidence inconclusive, the Commission examined other evidence to determine causation. It concluded that Bollinger had not proved a causal relationship based on the following evidence: (1) Bollinger's employment in jobs requiring heavy manual labor after his termination from Coast to Coast; (2) his failure to complain of back pain or miss work due to back pain after 1993 [until the October 7, 1995 incident]; (3) the delay between his quitting the Sonic Drive-In in May 1995 (which he testified was in order to seek medical treatment in Wyoming for his back) and his seeking treatment in June 1995; and (4) his failure to seek medical attention for back pain from May 20, 1993 until June 8, 1995.
Indisputably, in and after June 1995 Bollinger consistently asserted that he experienced severe and continuing back pain between February 1993 and June 1995. The only evidence before the Commission of any back problem during this period, other than Bollinger's own testimony, was Dr. Anderson's notes of May 18, 1993. On that date, Bollinger sought treatment for neck and upper back injuries incurred in playing basketball, and Dr. Anderson's medical records contain a reference to lower back pain. The Commission recognized that Bollinger might have received treatment for his back in May 1993 by mentioning the hiatus in treatment between May 1993 and June 1995. The Commission came to a reasonable conclusion, however, that the May 1993 records did not sufficiently support the conclusion that the condition treated in and after June 1995 emanated from the same source.
Bollinger failed to bring forward any evidence showing that he had complained to others about back pain, been physically limited by back pain, or sought treatment for back pain between May 1993 and June 1995. On the other hand, Bollinger continued to engage in jarring physical activities and undertook jobs requiring heavy physical labor. In contrast, by February 1996, when Bollinger did suffer from a lower back condition, he severely limited potentially jarring physical activities. The Commission reasonably concluded that Bollinger's silence and his actions were inconsistent with those expected of a person with severe and persistent lower back pain. It is reasonable to conclude that this negative evidence cast doubt on a causal link between the February 1993 injury and the 1995 lower back condition.
Although medical experts may disagree and reasonable minds could argue the persuasiveness of the evidence, this Court holds that there was sufficient and competent evidence for the Industrial Commission to conclude that Bollinger failed to prove a causal link between his February 1993 injury and his lower back condition in June 1995.
IV.
CONCLUSION
Because substantial and competent evidence supports the Commission's findings, we affirm the order of the Industrial Commission. Costs to respondents. No attorney fees on appeal are awarded because they were not requested.
Chief Justice TROUT, Justices SILAK, SCHROEDER, and WALTERS CONCUR.
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