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White v. Ford12/17/1992
ction with this issue. The Workers' Compensation Court is in the best position to observe the character and demeanor of the witnesses. We will not substitute our judgment for that of the trial court. Sharkey v. Atlantic Richfield Co. (1989), 238 Mont. 159, 777 P.2d 870. We conclude the evidence relating to drug and alcohol abuse is relevant to both job performance and earning capacity. We further conclude that the Workers' Compensation Court properly admitted substance abuse evidence and weighed that evidence properly.
We hold that the Workers' Compensation Court correctly concluded that White had failed to prove an entitlement to additional permanent partial disability benefits and that such conclusion is supported by substantial credible evidence.
II.
Did the Workers' Compensation Court properly weigh the expert medical testimony?
White contends that the Workers' Compensation Court failed to properly weigh Dr. Nelson's testimony as White's treating physician. He contends that Dr. Nelson's testimony as treating physician was entitled to greater evidentiary weight. See Snyder v. San Francisco Feed & Grain (1987), 230 Mont. 16, 27, 748 P.2d 924, 931. As previously mentioned, Dr. Nelson's treatment was very limited. He examined White on only two occasions — on June 16, 1982 and in August 1988. As previously outlined, his testimony at most established the possibility of a causal link between the 1982 injury and White's subsequent condition but does not constitute medical evidence which demonstrated to a reasonable degree of probability that there was a connection. We will not set forth in detail the extensive testimony which preponderated in favor of finding no permanent physical impairment in 1982 beyond the impairment paid for. We conclude there is substantial evidence to support the analysis and conclusions reached by the Workers' Compensation Court.
We hold the Workers' Compensation Court properly weighed the expert medical testimony.
III.
Did the Workers' Compensation Court err in admitting evidence of White's drug and alcohol abuse?
White contends that the Workers' Compensation Court should not have admitted evidence about drug and alcohol abuse because Aetna refused to supplement discovery requests properly. Specifically, he claims that this action prejudiced him because he was not informed that Aetna would claim that substance abuse influenced his loss in earning capacity. He maintains that he was entitled to rely on Aetna's good faith in making discovery responses and thus he could reasonably expect that this would not be an issue at trial.
The record is replete with information to the contrary. Aetna's discovery requests asked for information relating to treatment for chemical dependency and all records relating to chemical dependency treatment. White signed the releases for such treatment information. Documents filed with the court argued the relevancy of treatment records and indicated that the possibility of a causal relationship between substance abuse and loss of earning capacity would be an issue. During their depositions, both Mr. and Mrs. White were questioned at length — with particularity and without objection — about his drug and alcohol abuse and its effects. On September 19, 1991, Aetna served a supplemental response to an interrogatory inquiring whether it contended that some other condition contributed to White's degree of disability, stating:
At this point, defendant believes that the records identified and exchanged by the parties and indicate that any loss of earnings or capacity that Mr. White has experienced is not causally related to
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