Lawrence L. and Kathleen J. Kelter - Page 10

                                                 - 10 -                                                   

                  The Committee determined that petitioner was totally and                                
            permanently disabled in November 1989.  Petitioners propose that                              
            we find that such determination by the Committee was based on                                 
            competent medical advice, “which included [the advice] of                                     
            Dr. Sterusky, Dr. Moote, Dr. Butzine and Dr. Cofield.”  In                                    
            support of that proposed finding, however, petitioners have                                   
            failed to cite us to specific testimony or documents in the                                   
            record that would constitute such medical advice.                                             
                  A letter from Dr. Sterusky, dated May 25, 1988, states that                             
            petitioner “is permanently and totally disabled to practice                                   
            dentistry”.  (Emphasis added.)  Dr. Sterusky’s office notes from                              
            October 12, 1989, express the conclusion that petitioner’s                                    
            medical condition is stationary and that he has a 10 percent                                  
            permanent impairment of both the right and left upper                                         
            extremities.  Dr. Sterusky’s office notes from May 15, 1990,                                  
            state his belief that petitioner could drive, could work as a                                 
            dental equipment salesman or dental technologist instructor, or                               
            could do dental bill auditing.                                                                
                  A letter from Dr. Moote dated June 14, 1988, states that                                
            petitioner will never be able to practice dentistry on account of                             
            his problems with his upper extremities.  Petitioners have                                    
            submitted Dr. Moote’s expert witness report dated January 19,                                 
            1996.  Although Dr. Moote’s expert testimony is that petitioner’s                             
            injuries preclude him from employment other than dentistry, that                              





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