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Compass Useac v. Kennedy5/30/2003
Rommelman and Davis noted decreased range of motion and Dr. Rommelman reported muscle spasms. Although not extensive, these findings based on direct observation were sufficient to constitute objective medical findings supporting Kennedy's complaints. See Konvoleski, supra.
Compass' reliance on the testimony of Dr. Rommelman and Dr. Hogancamp likewise is misplaced. While Dr. Rommelman deferred to Dr. Hogancamp as to the existence of a change of condition, Dr. Hogancamp's testimony is equivocal. He saw Kennedy only once after the April 2000 incident and his notes indicate that Kennedy told him her lower back problems had worsened. Dr. Hogancamp was not asked for and did not express an opinion on whether Kennedy's problems after the April 2000 incident were attributable to a pre-existing injury or the fall. See, e.g., Robertson v. United Parcel Service, Ky., 64 S.W.3d 284 (2002)(physician who examined claimant before and after work-related injury reported pre-existing impairment rating and no objective evidence of changed condition). He merely stated that she had similar complaints, but he added that it was his understanding that her condition had worsened. We agree with the Board that Dr. Hogancamp's testimony was not conclusive, but rather it only raised an inference subject to resolution by the ALJ. In light of the entire record, we believe the ALJ's decision was supported by substantial evidence and the Board did not overlook or misconstrue controlling law or commit a flagrant error in assessing the evidence.
For the foregoing reasons, we affirm the opinion of the Workers' Compensation Board.
ALL CONCUR.
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