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Poellot v. Sioux City Stationery Co.1/18/2005
tablish a causal connection between Poellot's employment, injury, and disability. The judge did not find Biga's statement that calcific tendonitis would be related to frequent flexing of the knees and lifting to be legally sufficient for causation. The judge further stated that he was not persuaded that Poellot had calcific tendonitis, and he cited to Ichtertz' report stating that no evidence of calcific tendonitis was found on the x rays or via physical examination. The judge stated, "Biga is the only physician who interprets the left knee x-ray as showing calcific tendonitis, and I am not persuaded by him." The judge acknowledged that with regard to the MRI performed on March 31, Biga had stated that it showed some swelling with bursitis which Biga believed was related to overuse of the extremity or trauma thereto. However, the judge noted that Biga had not made reference to Poellot's employment and that Poellot had not worked for over a year prior to the MRI. The judge stated that he was not persuaded of Poellot's having suffered an injury by way of an accident arising out of and in the course of his employment with Office Systems and that the petition should therefore be dismissed.
Poellot sought further review, and on March 30, 2004, the review panel filed an order of affirmance on review. Poellot timely filed an appeal to this court.
ASSIGNMENT OF ERROR
Poellot alleges that the review panel erred in affirming the trial judge's finding that the opinions rendered by Biga were legally insufficient to establish a causal link between Poellot's employment and the accident and injury.
STANDARD OF REVIEW
An appellate court may modify, reverse, or set aside a Workers' Compensation Court decision only when (1) the compensation court acted without or in excess of its powers; (2) the judgment, order, or award was procured by fraud; (3) there is not sufficient competent evidence in the record to warrant the making of the order, judgment, or award; or (4) the findings of fact by the compensation court did not support the order or award. Ludwick v. TriWest Healthcare Alliance, 267 Neb. 887, 678 N.W.2d 517 (2004).
Upon appellate review, the findings of fact made by the trial judge of the compensation court have the effect of a jury verdict and will not be disturbed unless clearly wrong. Id. An appellate court is obligated in workers' compensation cases to make its own determinations as to questions of law. Id.
When testing the sufficiency of the evidence to support findings of fact made by the Workers' Compensation Court trial judge, the evidence must be considered in the light most favorable to the successful party and the successful party will have the benefit of every inference reasonably deducible from the evidence. Swanson v. Park Place Automotive, 267 Neb. 133, 672 N.W.2d 405 (2003).
If the record in a workers' compensation case presents conflicting medical reports and testimony, an appellate court will not substitute its judgment for that of the compensation court regarding which medical evidence to rely upon. Martinez-Najarro v. IBP, inc., 12 Neb. App. 504, 678 N.W.2d 114 (2004).
ANALYSIS
Poellot argues that the review panel's affirmance was erroneous on the ground that the trial judge erred in determining that Biga's opinions were legally insufficient to establish causation. In a workers' compensation case, the plaintiff must establish by a preponderance of the evidence that the injury for which an award is sought arose out of and in the course of employment. Logsdon v. ISCO Co., 260 Neb. 624, 618 N.W.2d 667 (2000). Where there is no factual dispute, the question of whether the injury
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