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Russell v. Invensys Cooking & Refrigeration10/24/2005
g counsel, [Claimant's] demeanor indicated obvious malingering or fraud." Therefore, it is clear the Commission expressly considered Dr. Belz's testimony but rejected it. "This court defers to the Commission with regard to credibility determinations of deposition testimony." Clark, 134 S.W.3d at 735.
The record clearly reveals the Commission reviewed the deposition testimony provided by each of the three expert witnesses in this matter, specifically expressing its preference for the testimonies of Dr. Walker and Dr. Koprivica and its disapproval of Dr. Belz's findings. As all of the expert testimony was received by deposition, the Commission was just as able as the ALJ to determine the credibility of deposed witnesses from the written record. Birdsong , 147 S.W.3d at 140. Additionally, as previously set out, "' he decision to accept one of two conflicting medical opinions is a question of fact for the Commission.'" Id. (citation omitted). "It is in the Commission's sole discretion to determine the weight to be given expert opinions." Negri v. Continental Sales & Service , 139 S.W.3d 565, 569 (Mo.App. 2004). The Commission as fact finder may reject all or part of an expert's testimony. Bennett, 134 S.W.3d at 92.
The Commission's decision to defer to the findings of Dr. Walker and Dr. Koprivica as opposed to the findings of Dr. Belz was not an abuse of discretion and was within its province. Bennett , 134 S.W.3d at 92. The testimony of Drs. Walker and Koprivica constituted substantial, competent and credible medical testimony that Claimant was permanently and totally disabled as a result of her accidental fall at work. Appellants' second point is denied.
Based on our review of the whole record, the Commission's award was supported by substantial and competent evidence and, accordingly, was not against the overwhelming weight of the evidence. The decision of the Commission is affirmed.
The Final Award of the Commission is affirmed.
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