BARNES, J., for the Court:
¶ 1. Earl Sterling filed a petition to controvert with the Mississippi Workers' Compensation Commission (Commission) on July 25, 2008, requesting disability benefits for an injury he claimed had resulted from his employment with Eaton Corporation (Eaton). After a hearing on the issue of compensability, the administrative judge (AJ) denied and dismissed Sterling's claim on December 21, 2010. Sterling appealed to the full Commission on January 4, 2011. The Commission affirmed the AJ's decision, and Sterling now appeals to this Court. See Miss.Code Ann. § 71-3-51 (Rev.2011). Finding there was substantial evidence to support the Commission's decision, we affirm.
¶ 2. Sterling was employed as a machinist at Eaton. On or about June 5, 2008, Sterling began wearing a new pair of steel-toed boots, which were required for his job.
¶ 3. While Sterling was hospitalized, it was discovered that he had developed a staph infection. As a result, Sterling's right leg was amputated below the knee on July 1, 2008. Dr. Randall Blake was the
¶ 4. Sterling filed a petition to controvert with the Commission on July 25, 2008. Sterling claimed the blister was a result of wearing his work boots and had caused the infection and his injury; therefore, he was owed disability benefits.
¶ 5. After discovery and a hearing on September 23, 2010, the AJ denied Sterling benefits, noting in his order that the blister was preceded by swelling and pain in the foot. Therefore, the AJ concluded that the blister was a result of the infection, not the cause. The AJ stated that it "ha[d] clearly been shown that there could have been other causes for the blister."
¶ 6. On appeal, the Commission affirmed the AJ's decision, additionally finding that the medical evidence as a whole did not support a finding of causation. Sterling now appeals to this Court, and finding substantial evidence supports the Commission's decision, we affirm.
¶ 7. Although Sterling makes several assertions on appeal, the central issue is whether the Commission erred in denying him benefits. As the "ultimate fact-finder," the Commission has the discretion to accept or reject the AJ's findings. Smith v. Tronox LLC, 76 So.3d 774, 778 (¶ 14) (Miss.Ct.App.2011) (citing Smith v. Masonite Corp., 48 So.3d 565, 570 (¶ 19) (Miss.Ct.App.2010)). "As with any fact-finder, the Commission is entitled to rely upon the evidence and reasonable inferences." Id. If the Commission's findings of fact "are supported by substantial evidence," this Court will affirm on appeal. Id. "In other words, this Court will reverse an order of the Workers' Compensation Commission only where such order is clearly erroneous and contrary to the overwhelming weight of the evidence." Id. "Unless common knowledge suffices, medical evidence must prove not only the existence of a disability but also its causal connection to the employment." Id.
¶ 8. The AJ cited Sterling's inconsistent testimony as one of the reasons for denying the disability benefits. In a deposition taken on February 17, 2009, Sterling stated that he did not wear the boots until a couple of weeks after he bought them; yet records showed he bought the shoes months prior to the injury. However, the AJ acknowledged that the boots did not appear to be very worn. The AJ also noted Sterling's confusion about the date of his injury and the fact that Sterling was unsure about when he developed the blister. The AJ concluded that it was "unnecessary" to evaluate the medical evidence, as Sterling "failed to meet his burden of proof" that the blister was a result of his wearing the work boots. On appeal, the Commission affirmed the denial of benefits,
¶ 9. Regarding the course of his injury, Sterling gave contradictory testimony. Although some of Sterling's testimony indicated that the swelling and the blister occurred simultaneously, he also testified that the swelling preceded the blister's appearance. At his deposition, Sterling said that the week before Father's Day, his feet "swole up." He said: "Blisters came up, and my feet swole up."
Yet, at the subsequent hearing before the AJ, Sterling said that his feet started throbbing the first day he wore the boots and that the swelling began the following week. He stated that the blister came after the swelling began.
(Emphasis added).
¶ 10. Furthermore, Sterling said the blister was on the top of his foot, which is contradictory to medical reports in the record that stated the blister was between his toes.
(Emphasis added). This blister location is not consistent with the attributes of a friction blister. Eaton sought an expert opinion from Dr. Wehbeh Wehbeh, a specialist in infectious disease, who noted that the blister was between Sterling's toes and indicated that this location was not a site normally susceptible to chafing. Moreover, as Dr. Eric McEvey noted in his June 30, 2009 deposition, typically a friction blister will not continue to grow and become more aggravated once the "aggravating object" is removed. Sterling stated that he did not wear his boots after June 13, 2008. Yet his blister continued to become more infected.
¶ 11. Although Dr. Bartee stated that Sterling told him that the area of swelling was from the boot rubbing his foot, Dr. Bartee acknowledged that he saw Sterling for a refill of medication on June 6, 2008, and Sterling reported no problems with his feet. Additionally, Sterling told his supervisor that he thought he had twisted his foot and that is why it was hurting.
¶ 12. There was also conflicting testimony in regard to the claim that Sterling was a diabetic and, thus, susceptible to infection. Sterling said Dr. Bartee had prescribed him pills for his blood sugar two years prior to the injury, but had since taken him off the medication. Sterling claimed he had been highly active before his injury — he rode bikes, jogged, and lifted weights. Consistent with Sterling's testimony, Dr. Bartee testified that Sterling did not need medication for diabetes, as he was in excellent physical condition. Dr. Bartee said that Sterling's blood-sugar test results taken at his office were within a normal range and that "[t]here was no evidence of [diabetes] because of his strict diet and physical fitness."
Dr. Bartee claimed the infection was what caused Sterling to become "overtly diabetic."
¶ 13. However, Dr. Blake said tests performed while Sterling was hospitalized showed that he was a "poorly controlled diabetic." Although Dr. Bartee refuted this testimony, he admitted that Sterling had been on diabetes medication two years prior to his infection and injury. The Commission, in its order, found "Dr. Blake's testimony [to be] more credible." Sterling tries to discredit Dr. Blake's testimony, claiming that Dr. Blake "just guessed as to what Mr. Sterling's past medical history might have been." We disagree. Dr. Blake treated Sterling at the hospital. He ran tests to determine that Sterling's blood-sugar levels for the ninety days preceding his hospitalization were abnormally high. Further, Dr. Blake testified that he had worked in the Wound Center and treated diabetics on a daily basis.
¶ 14. Dr. Wehbeh concluded in his initial opinion letter, dated September 10, 2009:
Even after reviewing Dr. Bartee's testimony, Dr. Wehbeh did not amend his conclusions, additionally noting that Sterling's hemoglobin A1C number was 14.4., which reflects that his blood sugar had been uncontrolled for a period of time. He remarked: "Indeed, blisters without pus can be the presenting symptom of skin and soft tissue infection in the appropriate setting. Finally staphylococcus aureus
¶ 15. Although Sterling contends that the testimony of Dr. Bartee, his treating physician, is superior to that of the other expert physicians, this Court has clearly held:
Richardson v. Johnson Elec. Auto., Inc., 962 So.2d 146, 152 (¶ 16) (Miss.Ct.App. 2007). Furthermore, although Dr. Bartee stated: "Redness and pain can be from acute trauma .... It doesn't have to be from an infection," he admitted that a staph infection can produce a blister. Dr. McEvey additionally testified that staph will cause a "pimple, [which] can progress to a large red bump, which can progress to what's called a boil[.]" Thus, we find there was sufficient evidence presented to support that the infection could have caused the blister.
¶ 16. Sterling complains that it was error for the AJ to comment regarding his personal experience with blisters. In his December 2010 order, the AJ observed:
This situation is different from the case cited by Sterling, Young v. Anderson, 249 Miss. 539, 546, 163 So.2d 253, 256 (1964), wherein the Mississippi Supreme Court found that the trial judge's comments regarding his personal experience constituted reversible error as they were "unsworn testimony" presented to the jury. Here, the AJ, not a jury, was the initial finder of fact. This Court has recognized that "[w]hen [administrative] judges are `conducting such hearings and making decisions upon claims,' they `shall have the authority of a commissioner.'" Kitchens v. Jerry Vowell Logging, 874 So.2d 456, 462 (¶ 15) (Miss.Ct.App.2004) (quoting Miss.Code Ann. § 71-3-93 (Rev.2000)). According to Mississippi Code Annotated section 71-3-47 (Rev.2000): "The commission shall have full power and authority to determine all questions relating to the payment of claims for compensation."
Kitchens, 874 So.2d at 462 (¶¶ 16, 18) (emphasis added). On appeal, the Commission is "the ultimate fact-finder" and "may accept or reject [the] AJ's findings." Tronox, 76 So.3d at 778 (¶ 14) (quoting Masonite Corp., 48 So.3d at 567 (¶ 19)). "As with any fact-finder, the Commission is entitled to rely upon the evidence and reasonable inferences." Id.
¶ 17. In this instance, the Commission "[r]eviewed the record of the proceedings" and affirmed the AJ's findings in its order. Therefore, we find the AJ, acting under the authority of the Commission, was entitled to rely on his personal experience in making reasonable inferences and in his determination to deny benefits.
¶ 18. "An appellate court may not simply reweigh the evidence and substitute its decision for that of the Commission. Indeed, this Court has a duty to defer to the Commission when its decision can be supported." Anthony v. Town of Marion, 90 So.3d 682, 687 (¶ 14) (Miss.Ct.App.2012) (citation omitted). Sterling testified that swelling came before the blister. While there was conclusory testimony by Sterling and Dr. Bartee that the blister must have been caused by his boots, there was also testimony by three credible physicians that the blister was a result of the infection and Sterling's diabetic condition. There was conflicting evidence as to whether Sterling was a diabetic, but lab tests indicated that Sterling's blood sugar had been high for approximately ninety days prior to his hospital admittance. Accordingly, we find the Commission's decision is supported by substantial evidence and is not arbitrary or capricious.
¶ 19.
LEE, C.J., IRVING AND GRIFFIS, P.JJ., ISHEE, ROBERTS, MAXWELL AND FAIR, JJ., CONCUR. CARLTON, J., DISSENTS WITHOUT SEPARATE WRITTEN OPINION. JAMES, J., NOT PARTICIPATING.