Thе appellant contends that there is credible evidence to sustain a finding of additional temporary or permanent disability becаuse he was in good physical condition before the accident, Dr. Miller’s statement in the insurance-claim application that disability was due to the appellant’s occupation and resulted from the accident, and the testimony of Dr. Montgomery showed the appеllant sustained permanent partial disability of 10 per cent which was a result of the accident of October 4, 1955.
The question is not whether there is credible evidence in the record to sustain a finding the commission did not make, but whether there is any credible evidence to sustain the finding the commission did make.
Whether the appellant sustained any additional temporary or permanent disability as a result of the accidental injury on October 4, 1955, for which he has not been previously compensated is a question of fact. If there is credible evidence to sustain thе finding that the appellant did not sustain additional temporary or permanent disability as a
*399
result of the accident, the finding of the Industrial Commission must be sustained.
Schuh v. Industrial Comm.
(1958), 2 Wis. (2d) 611,
The appellant had the burden of proving the temporary-disability sustained from February 5 to May 20, 1957, and any permanent disability were cаused by the accident occurring approximately two years previous.
Johnston v. Industrial Comm.
(1958), 3 Wis. (2d) 173,
A review of the record shows that the medical testimony was conflicting. Dr. Ansfield concluded there was no disability to the appellant’s back resulting from the accident. Dr. Montgomery concluded the 10 per cent disability was due to the accident of 1955 because the appellant made no prior complaints of back trouble. This case history was erroneous and could well have led the Industrial Commission to believe the testimony of Dr. Ansfield. The weight аnd credibility to be given medical witnesses in a workmen’s compensation case are for the Industrial Commission. The rule as stated in
Milwaukee E. R. & T. Co. v. Industrial Comm.
(1951),
The appellant contends that the commission exceeded its powers in considering medical testimony other than that of Dr. Montgomеry because A. O. Smith Corporation agreed that it would be bound by Dr. Montgomery’s findings. We find no evidence that the appellant and the respondеnt Smith Corporation agreed to be bound by Dr. Montgomery’s findings either before or after the appellant filed a claim for compensаtion. At most, the evidence shows that the A. O. Smith Corporation authorized, or consented to, an examination by a doctor of the apрellant’s choosing, and paid for such examination.
The appellant argues the commission erred in considering Dr. Ansfield’s medical reports which were in the commission’s file, but not put in evidence. Such reports do not constitute competent evidence.
California Packing Co. v. Industrial Comm.
(1955),
The appellant contends that the Industrial Commission based its affirmanсe of the findings and order of the ex *401 aminer on these reports because its order recites that it “reviewed the entire record, and particularly the testimony upon which the petitioner relies in support of his contention.”
The reports were used by appellant’s counsel in examining Dr. Ansfield who also testified from the reports. Dr. Ansfield’s testimony was sufficient and credible to sustain the findings without any reference to the reрorts. However, we cannot approve the placing of these reports in the file. If medical reports not in evidence are given to the reporter to aid him in transcribing his notes, they should be returned to the doctor when the reporter is through with them and not be placеd in the file. It must be assumed that the Industrial Commission knows what is and is not evidence and performed its duty to consider only evidence properly admitted. We cannot infer the Industrial Commission considered these medical reports any more than it would answers of witnesses stricken because оf their inadmissibility. It is immaterial on this question that the circuit court relied on the reports in his opinion.
Dr. Ansfield’s testimony is challenged as not meeting the legаl requirements of medical testimony. Dr. Ansfield practiced for twenty-seven years and has considerable experience as an exрert witness. However, his opinions in several instances were prefaced by the words “feel” or “felt.” The appellant argues that Dr. Ansfield was therefore not expressing a medical opinion but an opinion based upon emotion. This court has not passed on this precise language. It has accepted “liable,” “likely,” and “probable,” as words connoting reasonable probability as opposed to a possibility.
Hallum v. Omro
(1904),
We are not dealing with reasonable medical probability herе but whether Dr. Ansfield expressed a medical or professional opinion or belief. Was Dr. Ansfield, when he stated, “I felt,” or, “I feel,” stating a medicаl opinion? Conclusions of a medical expert should amount to an assertion of his professional opinion. It is common for people to use the word “feel” when they mean “believe.” Not every use of the word “fed” connotes that the expression is the result of the sрeaker’s emotions, and not of his mental process.
Reviewing the testimony and the reasons given by Dr. Ansfield for his opinions, we cannot conсlude that in those instances when he said “felt” or “feel” he was not expressing his professional opinion. In one instance when he did not intend tо give a medical opinion he used the expression, “I was under the impression.” This taken in context would not express any medical certаinty and was not intended to do so. In somewhat similar circumstances a medical expert’s use of the word “feel” was held to express a рrofessional opinion.
Euker v. Welsbach Street Lighting Co.
(1942),
By the Court. — That part of the judgment appealed from is affirmed.