COURT OF APPEALS OF VIRGINIA
Present: Judges Elder, Bumgardner and Humphreys
LIFECARE MEDICAL TRANSPORTS, INC. AND
LEGION INSURANCE COMPANY
MEMORANDUM OPINION*
v. Record No. 0832-00-2 PER CURIAM
SEPTEMBER 19, 2000
LISA D. POWELL
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
(Jimese Pendergraft Sherrill; Siciliano,
Dyer, Ellis & Boccarosse, on briefs), for
appellants.
(Benjamin M. Smith, Jr.; Kilgore & Smith, on
brief), for appellee.
Lifecare Medical Transports, Inc. and its insurer
(hereinafter referred to as "employer") contend that the
Workers' Compensation Commission erred in finding that Lisa D.
Powell (claimant) proved that she was totally disabled from work
beginning December 8, 1998. Upon reviewing the record and the
briefs of the parties, we conclude that this appeal is without
merit. Accordingly, we summarily affirm the commission's
decision. See Rule 5A:27.
On appeal, we view the evidence in the light most favorable
to the prevailing party below. See 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, recodifying Code
§ 17-116.010, this opinion is not designated for publication.
Dr. Mark Bryngleson, a chiropractor, began treating
claimant in December 1998 and continued to see her on a regular
basis thereafter. As of October 18, 1999, Dr. Bryngleson opined
that claimant had been totally disabled from work since March
19, 1998, the date of her compensable injury by accident.
On March 23, 1999, Dr. Robert Squillante, an orthopedic
surgeon, examined claimant. Dr. Squillante diagnosed "[s]evere
lumbar and cervical sprain following motor vehicle accident."
With regard to disability, Dr. Squillante opined as follows:
Given the patient's slight body habitus
coupled with probable significant soft
tissue injury to the cervical and lumbar
spine I do not think she is able to return
to work due to the injuries she received
during the accident. This could be
documented by FCE but I do not know that
this is necessary. If there is light duty
work she might be a candidate to consider
this but I think a more beneficial program
would be to consider getting her into work
hardening.
On July 31, 1999, Dr. Squillante noted that there was
little change in claimant's symptoms other than, "increasing
right lower extremity numbness." Dr. Squillante ordered an MRI
and noted that claimant would continue under the care of Dr.
Bryngleson.
Based upon the opinions of Drs. Bryngleson and Squillante,
coupled with claimant's testimony, the commission concluded that
claimant proved she was totally disabled from work beginning
December 8, 1998. The commission articulated its reasons for
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accepting the opinions of Drs. Bryngleson and Squillante and for
giving little probative weight to the contrary opinions of Drs.
Kurt Larson, Aaron Twigg, Howard Stern, and James B. Macon.
"Questions raised by conflicting medical opinions must be
decided by the commission." Penley v. Island Creek Coal Co., 8
Va. App. 310, 318, 381 S.E.2d 231, 236 (1989). The opinions of
Drs. Bryngleson and Squillante, coupled with claimant's
testimony, constitute credible evidence to support the
commission's decision. "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).
For these reasons, we affirm the commission's decision.
Affirmed.
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