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Cannedy v. Yarborough6/27/2003
In addition to the lack of medical evidence to support her disability claim, Ms. Cannedy also possesses substantial experience in the insurance industry, as well as experience in the clerical/receptionist field. Prior to her job with Rulon Yarborough, Ms. Cannedy worked as a receptionist for another State Farm agent as well as for a construction company. Additionally, Ms. Cannedy attended two years of college, where she studied Business Administration and Marketing. According to the testimony of the vocational rehabilitation expert called by Rulon Yarborough, there were many available clerical/receptionist jobs in the area if Ms. Cannedy chose to seek employment. Therefore, based on all the facts and circumstances as contained in the record, we find that the workers' compensation judge was not manifestly erroneous in concluding that Ms. Cannedy failed to prove that she was disabled after February 28, 2000, and therefore not entitled to SEB.
In regard to Ms. Cannedy's ankle injury , we also find from our review of the record no error in the workers' compensation judge's determination that the ankle injury was not related to the on-the-job injury. While Ms. Cannedy claims that her leg gave way due to radiating pain associated with her back injury, the medical records from Summit Hospital and Acadian Ambulance indicate that Ms. Cannedy "[lost] footing [without] pre fall complaints" or that she "stepped off porch slipped." Neither medical record mentions anything about her leg giving way due to her back injury. The only supportive evidence is contained in a letter from Dr. Griffith, whereby he relates the ankle injury to the on-the-job injury. However, Dr. Griffith indicated in his deposition testimony that he based his determination on the history of the accident as related to him by Ms. Cannedy, not on objective findings.
In contrast, Dr. Weitz stated that from her records, Ms. Cannedy had no objective evidence of weakness and that she does not believe there was enough nerve root compression on the right side to actually make Ms. Cannedy's leg give way. However, she noted it was impossible to say if the ankle problem was related to the back injury . In light of the medical evidence contained in the record, and the workers' compensation judge's credibility determination regarding Ms. Cannedy, we cannot find that the judge erred in denying Ms. Cannedy's claim for medical benefits related to the ankle injury.
Having found no error in the workers' compensation judge's determinations as to Ms. Cannedy's claims for SEB and medical benefits related to her ankle injury , we also find no error in the judge's allocation of costs or its failure to assess attorney's fees against Rulon Yarborough.
CONCLUSION
For the foregoing reasons, we affirm the judgment of the OWC. All costs of this appeal are to be borne by the appellant, Judy Cannedy.
AFFIRMED.
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