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Wal-Mart Stores2/26/2003
ddition to consideration of the other evidence, I find Richard credible, including his self-described physical limitations. What doubt I may have had about the self-assessment of his limitations was extinguished by the testimony at hearing by Richard's superior at Wal-Mart, the transportation manager, Lisa Martins. Martins stated that Richard was an honest employee and she had no reason to disbelieve Richard's statements concerning his limitations or the numbness in his leg which prevents a return to truck driving. (Emphasis added.)
Caselman's testimony, corroborated by the testimony of others experienced in the trucking field, described at great length the physical tasks in semi-truck driving, even of the "drop and load" variety. Caselman's most recent assignment at Wal-Mart involved picking up returned merchandise from a variety of stores. This routinely involved loading items weighing from five to 160 pounds, often without the availability of dollies or store-staff help. More fundamental demands of semi-truck driving, however, range from the basic necessity of pulling one's weight up into the cab to the more demanding tasks of engaging the fifth-wheel pin, cranking the trailer dolly, adjusting the rear wheels, transferring hoses, opening cargo doors and moving docking plates into place. As correctly noted by the deputy, all these routine tasks "require more force than allowed by any doctor in this case." For this reason, we believe it reasonable for the deputy to characterize Wal-Mart's vocational counselor's contrary conclusion as "not mak much sense." The deputy credited, instead, the report of McLaughlin who entertained "grave reservations" about Caselman's ability to perform the job of truck driver safely, notwithstanding his strong motivation to do so.
Wal-Mart also argued on judicial review that the testimony of Caselman's independent examining physician, Dr. Riggins, must be given little weight because he was "selected" by Caselman's counsel and, hence, not "independent." Echoing Wal-Mart's brief, the district court's ruling asserts that the deputy "disregarded the evidence of [six other] doctors and relied on the `suspicions' expressed by Claimant's doctor, Dr. Keith Riggins." The deputy's credibility assessment on this point, however, defeats the court's expressed concern. In the deputy's words,
the work restrictions imposed by the physicians, including those of Dr. Riggins, are causally related to the work injury . Dr. Riggins' views must be given considerable weight as they are the most recent, they are from a board certified orthopedic surgeon and they are the most consistent with Richard's credible testimony. (Emphasis added.)
Substantial evidence in the record supports the deputy's credibility finding. By contrast to the other physicians and orthopedic surgeons who testified, Dr. Riggins is the only one who is board certified not only in orthopedic surgery but in the evaluation of disabilities and occupational medicine. A reasonable fact finder could assume that his tendency to accord greater weight to Caselman's subjective complaints of pain merely reflects his enhanced credentials in making such assessments, rather than some attempt to satisfy a "paying" customer. The court's contrary implication is not warranted under this record.
The district court also criticized the deputy for "ignoring" the fact that Caselman has twice applied for, and been denied, social security disability benefits. Even more is made of the fact that the deputy did not mention the conclusions drawn by the doctors who reviewed Caselman's medical history in that connection. The record reveals, however, that those doctors never examined Caselman. And given the markedl
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