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Kolar v. First Student, Inc.

470 S.W.3d 770 (Mo. App. E. D. 2015)
Full Opinion: [Kolar v. First Student, Inc.
]
Code(s): C002 Medical Causation; C004 PPD; C005 Credibility of Medical Experts; C017 Credibility of Witnesses (General); C018 Load/Loading Factor

Factual Background:

Claimant was a bus driver who injured his right leg when he fell during a bus inspection. While undergoing rehabilitation, he was not allowed to bear weight on his right leg and began complaining of pain in his left knee. Dr. Volarich determined that the left knee pain was a result of the work accident. The treating physician found the left leg pain unrelated to the work accident. The ALJ determined that the left knee was work-related, finding Dr. Volarich more credible than the treating physician. The ALJ also assigned a multiplicity factor or load of 12.5% due to the opposing extremities being involved.

Commission Decision:

The Commission affirmed and adopted the ALJ’s findings that the left knee was work-related and that a multiplicity factor should be paid. 

Analysis/Holding:

The fact-finder has particular authority to determine witness credibility and assign weight to the evidence. To choose between two conflicting medical theories is a determination particularly for the Commission. The Commission’s factual findings were supported by the competent and substantial evidence. The Court also found that the 2005 Amendments to the Workers’ Compensation Act did not eliminate the Commission’s discretion to assign multiplicity factors.

The Court of Appeals affirmed the decision of the Commission. 

The Takeaway:

The Court is obliged to accept the Commission’s credibility determinations even when there are conflicting medical theories. Multiplicity or loading factors can be handed out within the Commission’s discretion.

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