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Higgins v. Quaker Oats Co.11/29/2005
). " he phrase 'overwhelming weight of the evidence' connotes evidence that is more persuasive than that which is merely 'of greater weight or more convincing than the evidence which is offered in opposition to it.'" DeGraffenreid v. R.L. Hannah Trucking Co., 80 S.W.3d 866, 881 (Mo. App. 2002) (quoting Vaught v. Vaughts, Inc. /S. Mo. Constr., 938 S.W.2d 931, 941 (Mo. App. 1997)).
Employer's second point on appeal argues that the record lacks sufficient competent evidence to support the Commission's decision that Employee was permanently and totally disabled as a result of cumulative trauma to her back. We find that the Commission's decision is not against the overwhelming weight of the evidence and is supported by substantial competent evidence.
We note that Employer analogizes to no case where a court found the Commission's decision was not supported by substantial competent evidence. Employer distinguishes no case where a court affirmed the Commission's decision. Employer cites no authority indicating what facts the Commission must or may not consider, or whether the Commission may reject the fact findings of the ALJ. Employer merely cites the standard of review. Rule 84.04(d)(5) requires that each point include a list of authority on which the appellant relies. "Ordinarily, a point of error unsupported by citation of relevant authority is deemed abandoned." Bishop, 618 S.W.2d at 263 (emphasis added). "Liberal application of the procedural rules is promoted, however, to promote justice and minimize the number of cases disposed of on technical grounds." Foster v. Village of Brownington, 140 S.W.3d 603, 608 (Mo. App. 2004). We elect to review Employer's second point on the merits.
The Commission considered multiple experts' opinions drawing conclusions about the cause and scope of Employee's disability. "The Commission is free to believe all, part, or none of the evidence presented at the hearing." DeGraffenreid, 80 S.W.3d at 875 (internal quotation marks omitted). We cannot say it was against the overwhelming weight of the evidence for the Commission to conclude that Employee's cumulative back injury caused chronic pain disorder and depression, rendering her unable to work.
" mental injury triggered or precipitated by a work-related accident is...compensable provided it can be shown that the accident was a substantial factor in causing the injury." Tangblade v. Lear Corp., 58 S.W.3d 662, 667 (Mo. App. 2001). Dr. Pro, whom the Commission expressly found credible, testified that Employee's major depression was attributable to the pain resulting primarily from the cumulative back injury. "A single expert's opinion may be competent and substantial evidence in support of an award of benefits, even where the causes of the occupational disease are indeterminate in nature." Kent v. Goodyear Tire & Rubber Co., 147 S.W.3d 865, 868 (Mo. App. 2004). The Commission noted that Drs. Koprivica and Poppa drew different conclusions than Dr. Pro about the extent of Employee's disability. The Commission gave greater weight to Dr. Pro's opinion. This court "defers to the...Commission's decisions regarding the weight given to witnesses' testimony, and is bound by the Commission's factual determinations when the evidence supports either of two opposing findings." Id.
In support of its assertion that the cumulative injury did not cause Employee's permanent total disability, Employer argues that Employee had suffered prior physical injury and psychiatric difficulties. The Commission, however, relied on Dr. Pro's opinion in concluding that Employee did not have psychiatric disability hindering employment prior to the culmination of the cumulative injury. And Employee did conti
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