In Baird v Ozarks Coca-Cola/Dr. Pepper Bottling Company, 119 S.W.3d 151 (Mo. App. S.D. 2003), employer appealed workers’ compensation award. Court dismissed appeal because Commission did not act unreasonably in accepting the medical testimony that supported the medical theory that claimant suffered a new injury on which the workers’ compensation claimant based his claim for benefits. The Court found the testimony of the doctor was more credible than contrary evidence & did not decide issue based against weight of evidence since the doctor’s testimony was based on his experience and education, independent medical examination of claimant and diagnostic studies of the claimant.
In Reese v Gary & Roger Link, Inc., 5 S.W.3d 522 (Mo.App. E.D. 1999), the Commission had discretion to discredit the testimony of an employee whereas here it was perceived as being argumentative and overly emphatic.
In Washburn v Wright Way Truck & Trailer, (LIRC) (Nov 18, 1997), The claimant alleges that he developed an occupational disease/repetitive trauma overuse syndrome, but he failed to notify his employer of his allegations for 7 months after his termination from employment, and 5 months after he believed that he was suffering from an occupational disease. Claimant admitted that he did not seek medical attention, or notify his employer of symptoms. Instead, he consulted an attorney and then became convinced his symptoms of overuse were work related. Claimant consulted Dr. Cohen, at the request of his counsel. Claimant asserted that he did not have an obligation to report his condition until he was advised by a doctor that the condition was in fact work-related. The Commission noted that this claimant had a history of 8 or 9 felony convictions, his testimony was latent with inconsistencies, he was not a credible witness, and he failed to sustain his burden of proof. Within a dissent to the majority opinion, one of the commissioners argued that claimant sustained his burden of proof. He felt the claimant was now a productive member of society despite his previous convictions, and felt that the ALJ was unduly influenced by the criminal record.