As a result of these conditions, claimant had certain work restrictions in April 1994, such as no lifting over fifty pounds. Claimant filed a claim for workers' compensation benefits. Claimant and his wife testified at the hearing. The ALJ found that claimant was permanently and totally disabled. Accordingly, the ALJ found that the Second Injury Fund had no liability.
Employer raises two points on appeal.
This court will modify, reverse, remand or set aside an award only if the Commission acted without or in excess of its powers, the award was procured by fraud, the facts found by the Commission do not support the award or there was not sufficient competent evidence in the record to warrant the making of the award. Section 287.495.1 RSMo. When the Commission affirms or adopts the findings of an ALJ, we review the decision and findings of the ALJ as adopted by the Commission. We defer to the Commission on issues concerning credibility and the weight to be given conflicting evidence. We review independently, however, questions of law.