Berthiaume v. Thompson
Berthiaume v. Thompson
Opinion of the Court
Certiorari to review a Workmen’s Compensation Commission decision denying reimbursement from the Special Compensation Fund pursuant to Minn. St. 1967, § 176.131, subd. 1. We affirm.
The only issue for our consideration is whether the evidence sustains the commission’s findings. The commission found that as a result of the first injury in 1964, the employee had not suffered a physical impairment within the meaning of Minn. St. 1967, § 176.131, subds. 4 and 8.
The first injury was sustained December 31, 1964, when employee fell down an embankment. The resulting injury was diagnosed as a low back strain and no permanent disability was expected. Employee returned to work on March 1, 1965. The record indicates that employee
The second injury occurred on June 27, 1968. The employee fell off a 6-foot ladder and sustained a back injury initially diagnosed as a herniated intervertebral disc. The commission, based on conflicting expert medical testimony, found that the subsequent injury was not made substantially greater because of the first injury.
The scope of this court’s review is limited. If the findings are based upon credible evidence, they may not be disturbed on appeal. Villebrun v. Fryrear, 288 Minn. 478, 183 N. W. 2d 279 (1970); Anderson v. Jensen, 289 Minn. 432, 184 N. W. 2d 774 (1971); MacNamara v. Jennie H. Boyd Trust, 287 Minn. 163, 177 N. W. 2d 398 (1970). While there is some conflicting and inconsistent evidence, the record adequately supports the commission’s findings.
Affirmed.
Minn. St. 1967, § 176.131, provides in part:
“Subd. 4. If the employee's pre-existing physical impairment has been caused by a personal injury for which medical reports, showing the impairment have been filed with the commission and for which compensation has been paid under Chapter 176, the employee shall be deemed to be registered.
s(< ‡ >{c af:
“Subd. 8. As used in this section the following terms have the meanings given them:
‘Physical impairment' means any physical or mental condition which is or is likely to be a hindrance or obstacle to obtaining employment.”
Case-law data current through December 31, 2025. Source: CourtListener bulk data.