COURT OF APPEALS OF VIRGINIA
Present: Chief Judge Fitzpatrick, Judges Coleman and Frank
Argued at Salem, Virginia
AUGUSTA (COUNTY OF) SCHOOL BOARD AND
HARTFORD UNDERWRITERS INSURANCE COMPANY
MEMORANDUM OPINION * BY
v. Record No. 2304-99-3 JUDGE ROBERT P. FRANK
AUGUST 15, 2000
ANNIE L. WARREN
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
Roger L. Williams (John T. Cornett, Jr.;
Williams, Lynch & Whitt, on brief), for
appellants.
Howard A. Herzog for appellee.
Augusta (County of) School Board (employer) appeals the
September 9, 1999 decision of the Workers' Compensation
Commission (commission) awarding benefits to Annie L. Warren
(claimant). On appeal, employer contends: 1) the commission
erred in finding claimant suffered a compensable change in
condition with regard to her compensable September 10, 1997 back
injury and that her medical treatment and disability were
causally related to the compensable injury, 2) the commission
erred in finding claimant was totally disabled from May 5, 1998,
and 3) assuming claimant was partially disabled, she did not
*
Pursuant to Code § 17.1-413, recodifying Code
§ 17-116.010, this opinion is not designated for publication.
market her residual earning capacity. We affirm the
commission's award of benefits.
I. BACKGROUND
Claimant was employed by employer on September 10, 1997,
when she suffered a back injury during her employment as a
cafeteria worker. Employer does not contest the compensability
of the September 10, 1997 injury. As a result of the September
10, 1997 injury, claimant was treated by Dr. Alan Richardson and
Dr. Elizabeth Kautz. Claimant's injury was diagnosed as "acute
sacroiliac sprain/strain" by Dr. Kautz on September 18, 1997.
Claimant returned to light duty employment on October 7, 1997,
with restrictions on lifting. Gradually, claimant's condition
improved and she was able to perform her pre-injury duties
without restriction.
In April 1998, due to an increase in her duties at work,
she began to experience aching in her back, which eventually
resulted in severe pains in her legs and pulsating back pain.
Claimant returned to Dr. Richardson on May 5, 1998, who
diagnosed her with lumbar strain and wrote that she was "unable
to work until recheck." He also referred her to Dr. Kautz.
On May 19, 1998, and June 16, 1998, claimant returned to
Dr. Richardson, who, on both occasions, wrote that she could not
work until she was rechecked. On July 16, 1998, Dr. Kautz wrote
that claimant's condition, which she related to the injury in
September 1997, was "exacerbation of sacroiliac sprain resulting
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in moderate to severe sacrodynia." Dr. Kautz wrote that
claimant would have a permanent defect and diagnosed claimant
with "L5-S1 Grade 2 Spondylolisthesis." Further, Dr. Kautz
stated that the dates when claimant could return to light work
and regular work were "unknown." On July 23, 1998, Dr. Kautz
wrote that although degeneration had been noted earlier, there
was no evidence of spondylolisthesis on the x-rays taken in
September 1997. Further, Dr. Kautz opined that the lifting
strain from claimant's duties at work caused the
spondylolisthesis to develop. Dr. Kautz recommended that
claimant not return to work at "her job in the school
cafeteria."
On July 28, 1998, Dr. Richardson diagnosed claimant with
"spondylolisthesis secondary to work related injury 9/97." He
also wrote claimant could not return to work and was permanently
disabled. On August 18, 1998, September 22, 1998, and October
20, 1998, Dr. Richardson wrote that claimant was "permanently
disabled." On November 23, 1998, he wrote that she was "unable
to work-permanently disabled." On January 12, 1999, he wrote
that she was "unable to work." On March 18, 1999, Dr.
Richardson wrote that he saw claimant on May 5, 1998, for a
complication of her initial injury. He wrote that she was found
to have spondylolisthesis from lifting strain at work. He
further stated that he removed her from work on May 5, 1998, and
she was "permanently disabled from her job." In an employee
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status report, also dated March 18, 1999, Dr. Richardson wrote
that claimant was "unable to work."
II. ANALYSIS
[T]he Commission's findings of fact are
conclusive on appeal when supported by
credible evidence. See Code § 65.2-706.
Moreover, established principles governing
our review of decisions by the Commission
state that "[t]he actual determination of
causation is a factual finding that will not
be disturbed on appeal if . . . credible
evidence . . . support[s] the finding."
Ingersoll-Rand Co. v. Musick, 7 Va. App.
684, 688, 376 S.E.2d 814, 817 (1989).
American Filtrona Co. v. Hanford, 16 Va. App. 159, 165, 428
S.E.2d 511, 515 (1993).
In this case, there was medical evidence from Dr. Kautz and
Dr. Richardson relating the cause of claimant's disability and
medical treatment to her September 1997 injury. Therefore, we
are bound by the commission's determination as to causation.
Both of the issues in employer's first assignment of error,
change in condition and causation, are resolved by our
determination that claimant's disability and medical treatment
were causally-related to the September 1997 injury.
Further, there was evidence from Dr. Kautz and Dr.
Richardson to support the commission's finding that claimant is
permanently disabled. We, therefore, affirm the finding of the
commission as to the permanence of claimant's disability.
We do not reach employer's third assignment of error
because the evidence supports the commission's finding of total
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disability, thus, no basis exists for asserting that claimant
was required to market a residual earning capacity.
For the reasons set forth in the commission's opinion, we
affirm the award of benefits to claimant.
Affirmed.
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