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Gann v. Vickers3/15/2005
ssibility. As the trier of fact, the compensation court is the sole judge of the credibility of witnesses and the weight to be given their testimony. Zavala v. ConAgra Beef Co., 265 Neb. 188, 655 N.W.2d 692 (2003). Accordingly, we decline to make a different assessment than did the trial court as to the credibility and weight to be afforded the various reports and opinions of Bowman and Gold. The reports of Bowman and Gold complied with rule 10, and, as such, Vickers' assignment of error is without merit.
Compensation for Psychological Injury.
Vickers next asserts that the trial court erred in finding that Gann was entitled to compensation as a result of her psychological injury. In arguing this assignment of error, Vickers relies on its previous arguments regarding the competency of Bowman to offer causation opinions regarding Gann's psychological injury. We have already found those arguments to be without merit.
Vickers asserts that the trial court did not clearly identify the causation opinions on which it relied, making only "vague references" to the record. Brief for appellant at 35. We disagree. The trial court very specifically cited the locations in the record for the medical causation opinions "regarding the back" and "regarding the depression." It does not take a very sophisticated reading of the award to understand that the causation opinions cited were the opinions on which the trial court was relying. With regard to Gann's depression, the trial court cited exhibit 1, page 6; exhibit 7, page 9; and exhibit 9. A review of these references clearly supports the trial court's award of compensation for Gann's psychological injury.
Exhibit 1 is a packet of letters from Bowman to Gann's attorney. Pages 6 and 7 of exhibit 1 contain a letter dated November 16, 1995, wherein Bowman stated in part:
In my opinion, she is permanently and totally disabled from carrying out her previous occupation at Vickers. I think the long term vocational prognosis is rather guarded. In fact, the day to day symptoms and restrictions at this point would lead me to believe that she is totally disabled and will continue to be so. This is based on the fact that she cannot sit, stand, bend or twist without significant baseline pain for more than 10 minutes at a time. This condition has existed for an extended period of time and has resulted in a severe reactive depression, which further impairs her ability to be gainfully employed.
Exhibit 7, also identified by the trial court as containing a causation opinion related to Gann's depression, contains Bowman's office notes. On page 9 of exhibit 7, in an office note of February 2, 1995, Bowman opined:
In my opinion[,] the roots of her depression are as usual, multifactorial, but her primary stress generator over the past year has been the surgery, the disruption of her life, and the residual pain. In view of the fact that this is clearly work related, I think that there is no question that the over-riding reason for this referral [to a mental health care provider] relates to her spine condition . . . .
Finally, the trial court identified exhibit 9, which is an October 29, 1999, letter from Gold, addressed "To whom it may concern." In this letter, Gold opined within a reasonable degree of medical certainty that Gann's work-related low-back injury caused "significant pain on a daily basis with associated situational depression for which psychiatric and psychological evaluation and treatment re medically necessary." Gold noted that Gann had had several non-work-related situations aggravate her condition since 1993, but Gold opined that Gann's then-current situational depression was primaril
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