Section 13.27 Worker’s Compensation

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B. (§13.27) Worker’s Compensation

It is well settled that the Labor and Industrial Relations Commission (the Commission) has the “sole discretion to determine the weight given to expert opinions.” Reese v. Gary & Roger Link, Inc., 5 S.W.3d 522, 525 (Mo. App. E.D. 1999). In fact, it has been said that the Commission’s determination of the weight to assign to expert opinions “cannot be reviewed.” Holaus v. William J. Zickell Co., 958 S.W.2d 72, 79 (Mo. App. E.D. 1997); Conley v. Treasurer of Mo., 999 S.W.2d 269, 270 (Mo. App. E.D. 1999). It is more accurate to say that the finding will not be disturbed unless there is an abuse of discretion. Jaycox v. Gen. Am. Life Ins. Co., 992 S.W.2d 240, 244 (Mo. App. E.D. 1999). The Commission “may reject all or part of one party’s expert testimony which it does not consider credible and accept as true the contrary testimony given by the other litigant’s expert.” Kelley v. Banta & Stude Constr. Co., 1 S.W.3d 43, 48 (Mo. App. E.D. 1999).

If there are two inconsistent medical opinions, the...