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Powell v. St. Joe Container Co.1/28/1997
January 31, 1995] report does not indicate that the disability is based upon any aggravation of the claimant's preexisting condition in the industrial accident. You are aware that the claimant suffers from some degenerative changes throughout the spine, and a prior back injury in 1988. Only the cervical condition was aggravated in the industrial injury. Moreover, we cannot determine whether this note indicates actual physical disability, or is a precaution pending diagnostic studies. The MRI then revealed a small bulging cervical disc, but there was no further comment in any of the medical reports regarding disability after this condition was found. The office note of January 31, 1995, in summary, is not sufficient to establish disability, even when considered in conjunction with the claimant's testimony."
Because the medical evidence was subject to the commission's factual determination, we cannot find as a matter of law that the evidence established a causal link between the compensable aggravation of Powell's C6-7 pre-existing cervical condition and his asserted post-January 31, 1995 disability. Accordingly, we affirm the commission's finding that Powell's evidence failed to sustain his burden of proving he suffered from causally-related disability after January 31, 1995.
Affirmed.
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