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Ebi/orion Group v. State Comp. Mut. Ins.8/22/1991
8, 1986, was the result of Athey's gradually worsening condition and was not a separate injury that caused any permanent aggravation. Therefore no injury, within the meaning of § 39-71-119, MCA, occurred.
We disagree with EBI's argument that this conclusion was properly supported. We have fully read the depositions that were submitted to the Workers' Compensation Court. It is by no means clear that Mr. Athey's 1986 accident permanently aggravated underlying back condition or constituted an injury as that term is defined by the Workers' Compensation Act. While there may be some conflicting evidence on this point, the lower court's judgment is supported by substantial evidence.
Substantial evidence has been defined as that evidence that a reasonable mind might accept as adequate to support a conclusion. Although it may be based upon weak and conflicting evidence, in order to rise to the level of substantial evidence it must be greater than trifling or frivolous. Christensen v. Britton (1989), 240 Mont. 393, 401, 784 P.2d 908, 913. In this case, the Workers' Compensation Court considered the depositions of all doctors involved in this case. It also took into account Mr. Athey's testimony concerning the circumstances surrounding his accident and injury and that his back hurt him all of the time and progressively worsened. Substantial evidence supports the court's judgment on this issue. Accordingly, its judgment is affirmed.
JUSTICES HARRISON, HUNT, GRAY, and TRIEWEILER concur.
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