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Lindhag v. State10/7/2005
another's. Under the "substantial evidence" standard of review, we will not choose between conflicting medical testimony if the decision below is supported by substantial evidence. Additionally, the Workers' Compensation Act grants the board the "sole power" to determine witness credibility: "A finding by the board concerning the weight to be accorded a witness's testimony, including medical testimony and reports, is conclusive even if the evidence is conflicting or susceptible to contrary conclusions." The board concluded that Dr. Scott's testimony provided substantial evidence on which to base its decision, and we agree: Dr. Scott was the most qualified expert at trial, she was appointed by the board to perform an independent medical examination, she enlisted the assistance of several experts in reaching her conclusions, and her medical opinions were thorough and internally consistent. Because the record reflects that Dr. Scott's testimony constituted substantial evidence, we conclude that the board did not err in placing its reliance upon Dr. Scott's testimony, and that the written order justifying the board's decision was not deficient.
2. The board's failure to expressly discuss certain medical evidence does not justify reversal.
Lindhag specifically complains that three factual points were not adequately considered by the board. These points come from Lindhag's medical testimony and support her theory of the case. Because the board explicitly relied on Dr. Scott's testimony, it is not fatal that the board failed to exhaustively describe and then dismiss each opinion of Lindhag's medical experts - the conclusions of those experts were rejected in toto. The board's finding that Dr. Scott's testimony was the most credible supports its conclusion that substantial evidence favored the employer and that Lindhag failed to carry her burden. As an examination of the three factual points raised by Lindhag shows, whatever support the three points might have lent to her case, Dr. Scott's testimony provided at least equally plausible alternative explanations on each point.
First, Lindhag argues that "she was never diagnosed with asthma until after her exposure to toxins while employed by DNR in 1988" and that the "Board's decision reflects no deliberation on this matter." But the board noted its awareness of this fact, and Lindhag's argument runs afoul of the post hoc ergo propter hoc logical fallacy: just because the asthma diagnosis came after the exposure does not mean that the exposure caused the asthma. Indeed, the board accepted Dr. Scott's findings that the exposure did not cause the asthma. Dr. Scott concluded:
Therefore, it is my opinion, within a reasonable degree of medical certainty that Ms. Lindhag experienced some aggravation of her hyper-reactive airway problems. It is common for individuals with asthma and allergic rhinitis to be particularly susceptible to a variety of irritants . . . expected to be present in a new office building. However, since the patient clearly had the upper airway problems as well as reactive airway disease (asthma) prior to moving into the building, I do not think that any persistent asthma symptoms can be reasonably related to that exposure. (Emphasis added.) The board did not err in following this conclusion.
Second, Lindhag points to evidence regarding eosinophil and antibody testing. If eosinophil levels in the blood are abnormally high (eosinophilis), an individual may be suffering from allergic or parasitic disorders. Lindhag's blood test revealed low eosinophil levels. In the words of Dr. Steiner, "I don't want to call it a lousy test. It's not a very specific test. So the absence of eosinophils doesn't tell me it'
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