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Smith v. Millwood Schools10/31/2003
Mandate Issued: 05/20/2004
__ P.3d __
PROCEEDING TO REVIEW AN ORDER OF A THREE-JUDGE PANEL OF THE WORKERS' COMPENSATION COURT SUSTAINED
In September, 2000, the Claimant, Beverly Smith, injured her back as a result of moving desks while working as a provisional teacher for Employer, Millwood Schools. On December 10, 2001, the trial court found Claimant sustained a compensable on-the-job injury to her back and awarded temporary total disability (TTD) benefits effective October 25, 2000. Claimant's one-year teaching contract expired on June 3, 2001. Thereafter, the trial court appointed Emily Friedman, M.D., as an independent medical examiner. Dr. Friedman examined Claimant and on March 11, 2002, determined Claimant was able to work with certain restrictions. As a result of Dr. Friedman's report, Employer moved to end Claimant's TTD on March 22, 2002. After a hearing, the trial court terminated TTD effective May 13, 2002. Claimant sought review of the decision by a three-judge panel of the Workers' Compensation Court, which unanimously affirmed the trial court's order terminating TTD. That order is now before us on review.
On appeal, Claimant argues the trial court's decision to terminate TTD is without evidentiary or legal support. Claimant alleges the evidence at the termination hearing showed she was currently unable to perform the duties as a teacher. In addition, Claimant contends the testimony of the school's business manager that he did not have an available position for her, mandates Claimant remain on TTD during the time she is under continuing treatment with Dr. Friedman.
In her report of March 11, 2002, Dr. Friedman diagnosed Claimant as having a small disc bulge at L4-5, and a central disc herniation at L5-S1. Dr. Friedman found Claimant had not yet reached maximum medical improvement and required further treatment, including medication, epidural steroid injections, and physical therapy. Dr. Friedman did determine, however, that Claimant was no longer TTD and could perform light-duty work with certain restrictions, including: no bending, restricted sitting (for an hour at a time with ten minute breaks in between), restricted pushing and pulling of twenty-five pounds or more, and restricted lifting of ten pounds on an occasional basis.
Claimant testified she continues to have back pain with numbness in the right leg and has not worked since her initial injury. Claimant admitted some of Dr. Friedman's restrictions were in line with her normal duties as a classroom teacher, but maintained the bending and weight restrictions could interfere with her regular duties. She indicated if an appropriate job were available for her at Millwood Schools, she would be willing to take it. Employer testified it had no available positions for Claimant.
The cause and extent of disability arising from an accidental injury are questions of fact to be determined by the Workers' Compensation Court. Sohio Petroleum Co. v. Cotton, 1954 OK 198, , 272 P.2d 383, 385. All findings of fact made by the Workers' Compensation Court - whether by the trial court or the reviewing panel - are conclusive and binding on appeal unless we determine they are not supported by competent evidence. Parks v. Norman Mun. Hosp., 1984 OK 53, , 684 P.2d 548, 552. We thus review the opinion below under the any-competent-evidence test, during which "our responsibility simply is to canvass the facts, not with an object of weighing conflicting proof in order to determine where the preponderance lies but only for the purpose of ascertaining whether the tribunal's decision is supported by competent evidence." Id.
TTD for which compensation ma
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