Combustion Engineering, Inc., Appellant-Defendant v. James H. Kennedy, Appellee-Plaintiff

Summary

The court affirmed the award of workers’ compensation benefits for the employee’s bilateral blindness because competent material evidence supported the trial court’s finding that the employee’s optic neuritis was causally related to his workplace accident. The court held that a qualified examining ophthalmologist’s medical opinion was admissible even though he did not treat the employee, and that appellate review could not reweigh conflicting expert testimony. The court also denied the employee’s request for attorney fees and expenses because the employer’s appeal, although unsuccessful, was not frivolous.