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Lamson & Sessions v. Doyle11/12/2002
ase, Claimant provided competent medical evidence, in the form of Dr. Smith-Horn's written report and deposition testimony, that his bowel condition occurred as a consequence of his work-related back injury. This was the trial court's finding. Therefore, as a matter of law, Claimant's consequential bowel injury was properly brought before the court pursuant to Claimant's Form 9.
The defense of statute of limitations is treated as a true affirmative defense, rather than as a jurisdictional question, and is not independently reviewed by this Court. See Special Indemnity Fund v. Choate, 1993 OK 15, 847 P.2d 796; Leach v. Hamilton Trucking Co., 2002 OK CIV APP 11, 39 P.3d 824. If the determination of the Workers' Compensation Court is reasonably supported by the evidence and not otherwise contrary to law, it will not be disturbed on review. As an affirmative defense, Employer had the burden of proof to show Claimant's request was time-barred. Special Indemnity Fund v. Choate, 847 P.2d at 804.
The trial court specifically ruled that Employer's statute of limitations defense "relative to claimant's consequential injuries and disabilities (SEXUAL DYSFUNCTION AND BOWEL DISORDER) is DENIED." In vacating the trial court's order, the COCA relied on the fact the Form 3 was not amended to include the bowel injury within two years of the time Claimant discovered it was an employment-related injury. That holding was erroneous as a matter of law because competent evidence supported the trial court's finding that Claimant sustained a consequential injury to his bowel system. Claimant sought compensation for additional "disability" for this "consequential injury" which occurred as a result of his original back injury. If the original Form 3 was timely filed, the additional disability Claimant sought as a consequential injury was also timely filed. Therefore, the trial court's denial of Employer's statute of limitations defense was supported by competent evidence and should not have been disturbed.
Our holding today regarding the statute of limitations should not be interpreted to mean Claimant did not need to give Employer notice of his request for additional compensation to allow it to prepare an adequate defense. The Form 9, with medical evidence attached, served this purpose. As noted by Claimant, Employer was apparently adequately informed by the Form 9. Employer presented an addendum to the previously submitted medical opinion of its expert, Dr. Pettigrew, in response to Dr. Smith-Horn's opinion. Moreover, Employer took Dr. Smith-Horn's deposition.
The probative value and weight to be given medical evidence is an issue for the Workers' Compensation Court's determination. Evidence of one expert may be accepted while that of another may be rejected in whole or in part. See Department of Public Safety v. Jones, 1978 OK 64, 578 P.2d 1197. Based on all of the evidence, which was disputed, the trial court found Claimant sustained consequential injury to his bowel system and awarded permanent total disability. Findings of fact made by the workers' compensation court are binding and conclusive in review proceedings before this Court, unless they lack support in competent evidence. Parks v. Norman Municipal Hospital, 1984 OK 53, 684 P.2d 548. It is only when factual findings lack support in competent evidence that the trial court's decision may be determined to be erroneous as a matter of law. Parks, supra. The trial court's findings of fact and permanent total disability award are supported by competent evidence. The COCA erred when it vacated it.
CONCLUSION
The trial court's order awarding Claimant permanent total disability was supported by competent
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