State ex rel. Conrad v. Industrial Commission

Two issues are raised: (1) is Rutherford’s report “some evidence” supporting denial of surgical payment? and (2) if not, is a return for further consideration warranted? For the reasons to follow, we answer both questions in the negative.

Dr. Rutherford examined claimant in October 1994. Claimant’s condition, at that time, was unchanged from 1992. Although still having back pain, she could do light housework and had modified her lifestyle to accommodate her limitations. Based on claimant’s history, then current symptoms and other medical information, Dr. Rutherford assessed maximum medical…