Briggs v. K. W. McKee, Inc.

PER CURIAM. Certiorari to review a decision of the Worker’s Compensation Court of Appeals awarding benefits to Floyd Briggs for temporary total disability and permanent partial disability of the right arm and back. We affirm. On October 4, 1968, Briggs sustained injuries to his back and arm in a work-related accident. Prior to this mishap, Briggs had not experienced any problems with his upper back or right arm. Relators accepted liability and paid medical expenses and compensation for 72 weeks for temporary total disability and 66.7 weeks for 5-percent permanent partial disability of the back, and 15-percent permanent partial disability of the arm, increased by 15 percent for simultaneous injuries. They discontinued payment on February 20, 1970. In October 1974, Briggs filed another claim petition seeking further benefits. 1 The compensation court found that Briggs has been continuously temporarily totally disabled since October 7,1968, and has sustained a 25-per-cent permanent partial disability of the right arm and 15-percent permanent partial disability of the back. On appeal, relators challenge the award of benefits, contending that Briggs’ testimony is not credible and therefore the findings made by the compensation court relating to his disability are not supported by the evidence. We cannot agree with this contention. Findings of fact made by the Worker’s Compensation Court of Appeals must be viewed in a light most favorable to such findings. Naebers v. Shell Oil Co. 302 Minn. 544 , 224 N.E.2d 160 (1974); Hammes v. Suk, 291 Minn. 233 , 190 N.W.2d 478 (1971). In accordance with this general rule, this court has repeatedly held that we will not disturb a decision of the compensation court on questions of fact unless a consideration of all evidence and inferences permissible therefrom clearly require reasonable minds to adopt a contrary conclusion. Wever v. Farmhand, Inc. Minn., 243 N.E.2d 37 (1976). It is not our function as an appellate court to substitute our judgment for the compensation court’s assessment of the employee’s credibility as a witness (Meyer v. Signs, 306 Minn. 55 , 236 N.W.2d 774 [1975]), or to determine whether its ultimate decision was preferable under the evidence, but rather to discern whether there was substantial credible evidence present in the record to support the award. Flavin v. Totino’s Finer Food, 307 Minn. 111, 115 , 238 N.W.2d 433, 436 (1976). Applying these general principles to the instant case, we hold that there was sufficient credible evidence present in the record to support the compensation court’s *268 decision to award Briggs temporary total disability and permanent partial disability of the right arm and back. Respondent is awarded $350 attorneys fees. Affirmed. . It should be noted that Briggs was 68 years old on the date of this particular compensation hearing.