COURT OF APPEALS OF VIRGINIA
Present: Judges Bray, Frank and Senior Judge Hodges
Argued at Chesapeake, Virginia
ACE HOUSE MOVERS, INC. AND
COMMERCIAL UNION INSURANCE COMPANY
MEMORANDUM OPINION* BY
v. Record No. 1494-99-1 JUDGE ROBERT P. FRANK
MAY 9, 2000
MICHAEL N. JACKSON
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
Susan Moloney Smith (Midkiff & Hiner, P.C.,
on brief), for appellants.
David A. Buzard (Carlton F. Bennett; Bennett
and Zydron, P.C., on brief), for appellee.
Ace House Movers, Inc. and Commercial Union Insurance
Company (appellants) appeal the decision of the Workers'
Compensation Commission (commission) awarding benefits to
Michael N. Jackson (claimant). On appeal, they contend the
commission erred in finding claimant presented sufficient
evidence that the medical treatment he received after March 1,
1997 was causally related to the January 27, 1996 industrial
accident in which he was injured. We disagree and affirm the
commission's decision.
* Pursuant to Code § 17.1-413, recodifying Code
§ 17-116.010, this opinion is not designated for publication.
I. ANALYSIS
"The actual determination of causation is a factual finding
that will not be disturbed on appeal if there is credible
evidence to support the finding." Ingersoll-Rand Co. v. Musick,
7 Va. App. 684, 688, 376 S.E.2d 814, 817 (1989) (citing Code
§ 65.1-98, now Code § 65.2-706). "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." Wagner
Enterprises, Inc. v. Brooks, 12 Va. App. 890, 894, 407 S.E.2d
32, 35 (1991) (citing Jules Hairstylists, Inc. v. Galanes, 1 Va.
App. 64, 69, 334 S.E.2d 592, 595 (1985)). 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) (citing Crisp v. Brown's Tysons
Corner Dodge, Inc., 1 Va. App. 503, 504, 339 S.E.2d 916, 916
(1986)).
In its opinion, the commission held:
The sole issue on review is whether the
claimant's treatment after March 1, 1997, is
causally related to the January 27, 1996,
compensable accident. After careful review
of the record, we find the subsequent
treatment is related to the compensable
accident. In reaching this conclusion, we
note that the claimant's testimony
concerning a March 1, 1997, slip at work was
that it did not cause him any additional
problems. In fact, the claimant did not end
up actually falling. Dr. Meade, in his
December 1, 1997, letter, stated that this
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was not a new injury, but rather the result
of the claimant's pre-existing ACL injury
and his torn lateral meniscus. His ongoing
reports reflect a previous peripheral tear
of the medial meniscus that was still
causing the claimant residual pain. The
treatment the claimant received since March
1, 1997, appears to be the same ongoing
treatment with the same symptoms experienced
subsequent to the January 1996 accident.
While there may have been a pre-existing ACL
condition, there is no evidence that this
condition was symptomatic prior to the
January accident. While the claimant had
other injuries to different body parts,
there is no evidence of any injury to his
right knee which caused the necessity for
the ongoing treatment received since the
January 1996 accident.
In reviewing the record, we find there is credible evidence
to support the commission's finding of causation.
For the reasons stated in the commission's opinion, we
affirm.
Affirmed.
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