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Simmering v. Kirkwood Community College10/26/2005
f Dr. Durkee. Those reasons are valid, despite the apparent conflict between a limited portion of Dr. Kimelman's opinion and Kirkwood's admission of the left-leg fracture.
Significantly, the focus of the agency's determination was the fact that both Dr. Durkee and Dr. Kimelman had opined substantial healing of the osteotomy site was likely to occur, if at all, within one year of surgery, and the fact that Simmering's site had not substantially healed in the more than one year between his 1998 surgery and the 2000 fall. The agency's decision turned, not upon whether the February 15, 2000 fall had caused a fracture through the minimal healing of the left-knee osteotomy site, but upon a determination that the nonunion of the site predated the February 15, 2000 fall, and thus that the May 1, 2000 surgery would have been required even if Simmering had not fallen at work. There is ample evidence in the record, even in light of Kirkwood's admission, to support these findings. The record contains substantial evidence to support the agency's determination that Simmering's work-related injury did not aggravate his pre-existing condition.
AFFIRMED.
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