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Charles Komar & Sons v. Hicks3/23/1993
s unable to perform other jobs on these facts. Employer's medical expert gave the opinion that Claimant was able to perform her job with Employer. Thus, there was competent evidence, although disputed, before the trial court as to whether Claimant was permanently and totally disabled. Because we hold the transferable skills evaluation was not mandated under the Worker's Compensation statutes, the trial court did not commit error in refusing to require it. It becomes unnecessary to address whether the trial court committed error in holding the request was untimely by treating the request as a request for an independent medical examination.
This case is distinguishable from our unpublished decision dated February 4, 1992, in Case Number 77,430, Quality Truss Company and Tri-State Insurance Company v. Chupp. The issue was the effect of evidence relating to transferable skills, if such an evaluation had been accomplished. We held that evidence of transferable skills was admissible only to show present, not future, ability to earn any wages in employment for which Claimant is presently physically suited and reasonably fitted by education, training or experience. There was no issue in that case as to whether an examination of a claimant as to a "transferable skills evaluation", is required or not required, or permitted or not permitted.
Findings of fact made by the trial court are binding and conclusive in review proceedings before this Court, unless they lack support in competent evidence. Parks v. Norman Municipal Hospital, 684 P.2d 548 (Okl. 1984). It is only when competent evidence is lacking that the trial court's decision may be determined to be erroneous as a matter of law. Parks, supra. The order on appeal is supported by Competent evidence.
ORDER SUSTAINED.
ADAMS, P.J., and JONES, J., concur.
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