COURT OF APPEALS OF VIRGINIA
Present: Chief Judge Fitzpatrick, Judge Annunziata and
Senior Judge Coleman
AFTON INN AND
TRAVELERS INDEMNITY COMPANY OF ILLINOIS
MEMORANDUM OPINION*
v. Record No. 2688-02-3 PER CURIAM
MARCH 11, 2003
SUSAN I. PFORR
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
(Warren H. Britt; Anne C. Byrne; Warren H.
Britt, P.C., on brief), for appellants.
(A. Thomas Lane, Jr., on brief), for
appellee.
Afton Inn and its insurer (hereinafter referred to as
"employer") contend the Workers' Compensation Commission erred
in finding that Susan I. Pforr (claimant) proved that Dr. Ron
Lowman's chiropractic treatment was causally related to her
compensable November 7, 2000 injury by accident. Upon reviewing
the record and the parties' briefs, we conclude that this appeal
is without merit. Accordingly, we summarily affirm the
commission's decision. Rule 5A:27.
On appeal, we view the evidence in the light most favorable
to the prevailing party below. R.G. Moore Bldg. Corp. v.
Mullins, 10 Va. App. 211, 212, 390 S.E.2d 788, 788 (1990).
* Pursuant to Code § 17.1-413, this opinion is not
designated for publication.
Factual findings made by the commission will be upheld on appeal
if supported by credible evidence. See James v. Capitol Steel
Constr. Co., 8 Va. App. 512, 515, 382 S.E.2d 487, 488 (1989).
Credible evidence established that employer did not offer
claimant a proper panel of physicians and that it denied her
claim. Accordingly, the commission did not err in ruling that
claimant was permitted to choose her own treating physician.
See Trammel Crow Co. v. Redmond, 12 Va. App. 610, 615, 405
S.E.2d 632, 635 (1991). Claimant elected to pursue treatment
with Dr. Lowman, a chiropractor, who became her authorized
treating physician for her compensable back injury beginning
February 21, 2001.
Dr. Lowman's office notes did not comment upon the issue of
causation. However, in response to claimant's counsel's
questions, Dr. Lowman indicated on August 22, 2001, that it was
more probable than not that his treatment of claimant was
directly related to her compensable November 7, 2000 injury by
accident. Moreover, the commission could reasonably infer that
Dr. Lowman would have been aware of claimant's November 7, 2000
injury during his course of treatment because the initial
patient information form completed by claimant, and part of
Dr. Lowman's medical records, indicated the cause of her injury
was "fall, because wet carpet, fell on concreat [sic]."
Dr. Lowman's opinion constitutes credible evidence to
support the commission's finding that his treatment was causally
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related to claimant's compensable November 7, 2000 injury by
accident and, therefore, was the responsibility of employer.
"The fact that there is contrary evidence in the record is of no
consequence if there is credible evidence to support the
commission's finding." Wagner Enters., Inc. v. Brooks, 12
Va. App. 890, 894, 407 S.E.2d 32, 35 (1991). "In determining
whether credible evidence exists, the appellate court does not
retry the facts, reweigh the preponderance of the evidence, or
make its own determination of the credibility of the witnesses."
Id.
For these reasons, we affirm the commission's decision.
Affirmed.
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