Thereby, it found disability in excess of that for which there was any basis in the evidence which it was entitled to consider. Cases like Kruchowski v. Swift Co. 201 Minn. 557, 277 N.W. 15, and Gurtin v. Overland-Knight Co. 179 Minn. 38, 228 N.W. 169, where we held that the commission was not bound by medical testimony in determining the extent of disability, are not in point, because in those cases there was evidence other than that of the medical testimony to sustain the finding. Here there is none.
Under these circumstances we hold that the record supports a decision the employee was not obliged to submit to an arthrodesis and agree that her failure to do so was reasonable. Sheldon v. Gopher Granite Co. 174 Minn. 551, 219 N.W. 867; Lund v. Biesanz Stone Co. 183 Minn. 247, 250, 236 N.W. 215, 217; Kruchowski v. Swift Co. 201 Minn. 557, 561, 277 N.W. 15, 18; Dudansky v. L. H. Sault Const. Co. 244 Minn. 369, 70 N.W.2d 114; Fowler v. W. G. Const. Co. 51 N. Mex. 441, 450, 188 P.2d 160, 167; 1 Larson, Workmen's Compensation Law, ยง 13.22. Martin v. Swift Co. 269 Minn. 217, 130 N.W.2d 522; Annotation, 105 A.L.R. 1477.
The general rule followed in this state is that where there is a conflict in the testimony of medical experts that conflict must in the final analysis be resolved by the commission as the trier of fact. Richter v. Shoppe P. H. Co. 257 Minn. 108, 100 N.W.2d 96; Kruchowski v. Swift Co. 201 Minn. 557, 277 N.W. 15; Niess v. Superior Packing Co. 249 Minn. 263, 81 N.W.2d 773. This court said in Hunter v. Zenith Dredge Co. 220 Minn. 318, 19 N.W.2d 795, that it was unconstitutional for a medical board's findings to be conclusive upon the Industrial Commission.
The court added, however, that many factors may enter into the determination of the extent of disability. No case has held that one of the factors which may be considered is the occupation at the time of injury. Rather, these factors may be such as a consideration of pain which accompanies normal use of the member and therefore restricts the person's ability to work. Kruchowski v. Swift Co. 201 Minn. 557, 559, 277 N.W. 15, 17. For a further reference determining the extent of injury by relation to the "normal use," see Chiovitte v. Zenith Furnace Co. 148 Minn. 277, 280, 181 N.W. 643, 644. Thus, in all cases where our court has discussed the percentage of disability, the approach has been that which we here consider as the apparent intent of the legislature, namely, that the extent of injury or percentage of disability is the impairment which results to the particular person in comparison with or in contrast to the normal, whole man.
Employee contends that, where conflicting medical testimony shows that an employee has either a 25 percent or 50 percent permanent disability of the back, the commission may not, without supporting competent evidence, make a "compromise" finding of 30 percent disability, citing Lappinen v. Union Ore Co. 224 Minn. 395, 29 N.W.2d 8, as authority for that contention. Also, see, Hiber v. City of St. Paul, 219 Minn. 87, 16 N.W.2d 878; Caputa v. Land O' Lakes Creameries, Inc. 234 Minn. 514, 48 N.W.2d 895; Kundiger v. Waldorf Paper Products Co. 218 Minn. 168, 15 N.W.2d 486; Schwendig v. Anderson Hedwall Co. 207 Minn. 14, 289 N.W. 772; Westereng v. City of Morris, 205 Minn. 219, 285 N.W. 717; Kruchowski v. Swift Co. 201 Minn. 557, 277 N.W. 15; Hill v. Umbehocker, 201 Minn. 569, 277 N.W. 9; Wyatt v. Wyett, 200 Minn. 106, 273 N.W. 600; Gardner v. State Dept. of Highways, 199 Minn. 172, 271 N.W. 597; Maher v. Duluth Yellow Cab Co. 172 Minn. 439, 215 N.W. 678; Walker v. Minnesota Steel Co. 167 Minn. 475, 209 N.W. 635; M.S.A. 1949, ยง 176.11, subd. 5. Cf. Berg v. Sadler, 235 Minn. 214, 50 N.W.2d 266; Green v. Schmahl, 202 Minn. 254, 278 N.W. 157. 4. It is well established that parties may stipulate as to what evidence shall be considered by the trier of fact and it was so recognized by this court in the Lappinen case. For the purpose of making clear the limited purpose of the stipulation entered into in that case, the court said ( 224 Minn. 407, 29 N.W. [2d] 17):