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Clayton v. Fleming Co.3/21/2000
at the trial judge's order was too indefinite and uncertain for meaningful judicial review. This is a question of law reviewable by a de novo standard without deference to the courts below. Neil Acquisition v. Wingrod Investment Corp., 1996 OK 112, 932 P.2d 1100.
On certiorari, employer contends that the only issue before the trial judge was whether claimant sustained a new and separate injury on May 1, 1997. Employer argues that its assertion at trial that claimant's back condition is related to the 1990 injury is not an affirmative defense that must be pleaded under 85 O.S.1991, ยง 11, thus, whether claimant suffered a change of condition was not an issue to be decided. In essence, employer contends that issues of fact in compensation cases are framed by the pleadings. This contention is without merit. Fact issues in workers' compensation cases are formed by the evidence. Benning v. Pennwell Publishing Co., supra.
Settled law requires the WCC to determine the value of conflicting evidence and resolve the fact issues and to enter an order that is sufficiently definite to enable the appellate courts to review it intelligently. Leffler v. McPherson Brothers Transport, 1964 OK 225, 396 P.2d 491; Bray v. State Industrial Court, 1964 OK 70, 393 P.2d 232. In this regard, the Workers Compensation Court is required to make specific findings of the ultimate facts responsive to the issues formed by the evidence upon which an award or denial is based. Benning v. Pennwell Publishing Co., supra. When specific findings resolving the factual issues are not entered and the trial judge's resolution of a factual issue cannot be comprehended from an award or denial of a claim, the appellate courts will not hypothesize about the evidence upon which the trial judge may have relied. Benning v. Pennwell Publishing Co., 885 P.2d at 655; Brookshire v. Knippers Plumbing Co., 1964 OK 67, 390 P.2d 887. Such an order is too indefinite and uncertain to allow for meaningful judicial review and will be vacated. Id.
The appellate record reveals that a singular factual issue was formed by the evidence, i.e., whether claimant's present physical difficulties with his lumbar spine were caused by a new injury or a worsening of a previously adjudicated injury. Claimant alleged that his back condition was the result of a new injury that occurred on May 1, 1997, and submitted medical evidence in which his surgeon stated: "It is my opinion that his recent complaints are actually a new injury to an already pre-existing condition." Employer responded that the claimant's back condition was a result of the 1990 injury and submitted medical evidence that claimant's back injury was causally related to the 1990 injury. The summary of the employer's medical expert stated:
It is, therefore, my opinion as stated I do not believe Mr. Clayton has sustained a new injury that has occurred while in the employ of Fleming Foods on or about May 29, 1997. I believe the difficulties he has experienced with his lumbar spine are causally related to the prior injury of December 11, 1990. (Emphasis added.)
Although the trial judge's November 6, 1997 order did not expressly answer the singular factual issue formed by the evidence, we need not remand this cause for more specific findings. Implicit in the denial of the claim is the trial judge's finding that claimant's back injury resulted from a worsening of the previously adjudicated 1990 injury. Lanman v. Oklahoma County Sheriff's Office, 1998 OK 37, , 958 P.2d 795, 800; Kinser v. Western Sands, Inc., 1969 OK 80, , 454 P.2d 305, 307.
Accordingly, we hold that the trial judge's November 6, 1997 order is sufficiently definite and certain to allow
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