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Hawthorne v. Lester E. Cox Medical Centers6/30/2005
t, Dr. Belz rated Hawthorne as having a 15% permanent partial disability of the body as a whole, none of which he attributed to Hawthorne's employment. The ALJ found that Hawthorne suffered a permanent partial disability of 12.5% of the body as a whole as the direct result of her October 1998 injury, and the Commission adopted that finding.
It is up to the Commission to accept or reject medical evidence. Bowman v. Zenith Radio Corp., 895 S.W.2d 276, 280 (Mo. App. 1995). It found Hawthorne had a degree of disability lower than the rating assigned by her expert, but higher than the rating assigned by Cox's expert. Our independent review of the record leads us to conclude that the Commission's finding concerning Hawthorne's degree of disability is supported by competent and substantial evidence. The Commission's assessment will not be disturbed "where the percentage of disability, as here, is hotly contested." Landers v. Chrysler Corp., 963 S.W.2d 275, 284 (Mo. App. 1997); see also Parker v. Mueller Pipeline, Inc., 807 S.W.2d 518, 522 (Mo. App. 1991). Point IV is denied.
The Commission's award is affirmed.
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