Two questions are presented for our review: (1) Did the commission comply with State ex rel. Stephenson v. Indus. Comm. (1987),
Noll and Stephenson Relief
Where medical evidence establishes that a claimant’s permanent impairment due to industrial injury is only partial, the commission must deny PTD unless the claimant’s age, work experience, education, or other relevant characteristics, commonly referred to as the Stephenson factors, foreclose sustained remunerative employment. State ex rel. Hopkins v. Indus. Comm. (1994),
The court of appeals correctly determined that the medical report of Dr. Zuelzer represented some evidence allowing the commission’s conclusion that Mobley was only permanently partially impaired and that his allowed condition did not preclude sustained remunerative employment. State ex rel. Ehlinger v. Indus. Comm. (1996),
“The commission found that Mr. Mobley was able to obtain future employment, relying in part upon Mr. Mobley’s former employment as a salesman in a ‘locomotive firm.’ The evidence before us provides no insight as to what was involved in the sales job, so we cannot ascertain what effect the former sales job has on Mr. Mobley’s future employability. * * * [T]he absence of information left the commission equally unable to draw inferences including the inferences the commission drew that the thirty-year-old sales experience in a locomotive firm job was ‘job experience in a less physical type of occupation as well as interpersonal skills in dealing with clients.’
“The order of the commission also fails to explain to any helpful degree the effect of Mr. Mobley’s age on his employment prospects.”
In its appeal, the commission accuses the court of appeals of having second-guessed the commission’s assessment of Mobley’s prior sales experience. We agree.
The commission concluded from Mobley’s sales experience that he had acquired interpersonal communication skills, and it considered this skill an employment asset. The commission also noted that Mobley’s physical restrictions were consistent with a sales position, which it did not consider physically demanding. The court of appeals discarded this assessment, finding that (1) the only description of Mobley’s sales experience — “sales in [a] locomotive firm” — was too vague to evaluate; and (2) in any event, the experience was too long ago to be of value in the current job market.
This ruling, as the commission argues, would divest the commission of its power to interpret evidence and draw reasonable inferences. State ex rel. West v. Indus. Comm. (1996),
Reviewing courts must not micromanage the commission as it carries out the business of compensating for industrial/occupational injuries and illness. The commission is the exclusive evaluator of evidentiary weight and disability. State ex rel. Ellis v. McGraw Edison Co. (1993),
Here, the commission had evidence that Mobley’s allowed condition and past experience were conducive to his employment as a salesperson. The court of appeals ignored this evidence, along with the commission’s reasonable inferences, not because the evidence did not exist, but because it was not particularly convincing of Mobley’s capacity for sustained remunerative employment. Neither we nor the court of appeals can overturn commission decisions on the weight of the evidence without second-guessing the commission’s judgment. Thus, because some evidence supports the commission’s assessment of Mobley’s prior sales experience, we reverse this much of the court of appeals’ judgment.
In his cross-appeal, Mobley complains that the commission reported that he was sixty-seven at the time of the hearing, but failed to specify how age, in combination with his other Stephenson characteristics, permitted employment. We agree that the commission did not sufficiently explain its reasoning for denying Mobley PTD.
State ex rel. Moss, supra,
Here, the commission did no more than identify Mobley’s age. The court of appeals thus properly ordered the commission to give further consideration to-the motion for PTD and issue a new order.
Mobley also argues that the commission either did not consider or failed to explain the impact of his documented lack of rehabilitation potential, which he asserts is a relevant vocational characteristic under Stephenson. The commission found that Mobley could perform sustained remunerative employment on a sedentary or light-duty basis regardless of any rehabilitation efforts. Thus, this factor is not determinative on any level of Mobley’s PTD eligibility, and we cannot say that the commission abused its discretion by not discussing it.
PTD Eligibility
Having found that the commission failed to comply with Noll and Stephenson, we must decide whether to order, payment of PTD pursuant to Gay, supra,
Mobley is not entitled to PTD under Gay for several reasons. First, he exaggerates the severity of his impairment. According to Dr. Reynolds, Mobley’s impairment was only thirty percent, and he agreed with Dr. Zuelzer about a right-arm lifting restriction. In State ex rel. Bruner v. Indus. Comm. (1997),
Second, Dr. Fallon also estimated Mobley’s permanent partial impairment at twenty-five to thirty percent, with only a right-arm lifting restriction. In fact, Dr. Fallon suggested a permanent and total impairment only after he considered Mobley’s age, education, and lack of rehabilitation potential, factors that go to disability, not impairment. Even if these factors were not the basis for Dr.
Third, the commission disagreed with Mobley about the effect of his education and experience on his employability. It inferred from Mobley’s education that he could read, write, and do basic math. It inferred from his prior work history that he had developed marketable interpersonal communication skills and, implicitly, marketable sales ability. These favorable assessments are within the commission’s province to make, Ellis, supra,
Mobley’s age, therefore, is the only Stephenson factor with the potential to tip the balance in favor of a PTD award. Where, as here, a claimant’s nonmedical factors are split between favorable and potentially unfavorable considerations, the claimant’s permanent and total disability is not inevitable. Ranomer, supra,
Judgment affirmed in part, reversed in part and limited unit granted.
