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Adair Public Schools v. Haley9/9/2005
orse now?
A: They're worse now.
Q: Still caused by the same thing, as far as you know?
A: As far as - I know it is; between the pain and not being able to work.
This testimony supports a worsening of Claimant's psychological condition after the first trial and connects the depression to her back injury which was found to be employment related. The worsening condition in turn supports a conclusion different than that reached at the first trial. Additionally, Claimant testified she had been prescribed medication related to the depression for two years. This period would also be subsequent to the June 2002 trial. Claimant further testified she had been forced to retire from her job as a school teacher in February 2004 after communicating to the school administration that she has contemplated suicide because of the pain and depression. Claimant's lay testimony is competent evidence from which the WCC could properly infer her psychological overlay disability was sustained subsequent to June 24, 2002. This, combined with the IME's medical expert evidence, supports the WCC's award for psychological overlay.
The WCC's order is SUSTAINED.
JOPLIN, P.J., and BUETTNER, C.J., concur.
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