COURT OF APPEALS OF VIRGINIA
Present: Judges Benton, Coleman and Willis
DANA CORPORATION AND TWIN
CITY FIRE INSURANCE COMPANY
MEMORANDUM OPINION * BY
v. Record No. 1969-98-3 PER CURIAM
FEBRUARY 23, 1999
LESLIE MARIE SNYDER
FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION
(Robert M. McAdam; David W. Hearn; Wooten &
Hart; Jones & Glenn, on briefs), for
appellants.
(Richard M. Thomas; Rider, Thomas, Cleaveland,
Ferris & Eakin, on brief), for appellee.
Dana Corporation and its insurer (hereinafter referred to as
"employer") contend that the Workers' Compensation Commission
("commission") erred in finding that Leslie M. Snyder proved that
her hospitalizations in 1995, 1996 and 1997, proposed home health
care, and mileage expenses constituted reasonable and necessary
medical expenses causally related to her compensable October 12,
1990 injury by accident. Pursuant to Rule 5A:21(b), Snyder
raises the additional question whether the commission erred in
granting employer's request for a change in Snyder's treating
physicians. 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.
*Pursuant to Code § 17.1-413, recodifying Code § 17-116.010,
this opinion is not designated for publication.
I.
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). "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). "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
Enters., Inc. v. Brooks, 12 Va. App. 890, 894, 407 S.E.2d 32, 35
(1991). Moreover, "[q]uestions 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).
In finding that Snyder sustained her burden of proving that
the 1995, 1996 and 1997 hospitalizations, proposed home health
care, and mileage expenses were causally related to her 1990
compensable injury by accident, the commission found as follows:
[T]he commission determined in 1993 that
[Snyder's] psychological problems of 1993
were related to the compensable injury. That
finding was not appealed and cannot now be
attacked. . . .
[Snyder's] treating physicians at
Lewis-Gale clearly relate her continued
depression and psychological problems to the
pain caused by the compensable 1990
injury. . . .
* * * * * * *
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[W]e are persuaded that the hospitalization
in November 1995 was related to [Snyder's]
pain residuals from the compensable 1990
injury. For example, Dr. [Verna M.] Lewis
reported that her "Condition at Discharge" on
November 7, 1995, was: "Improving. Seems
committed to working actively and overcoming
her fears of alternative methods of
controlling pain." [Snyder's] "Final
Diagnosis" included substance abuse secondary
to medical condition, major depression, and
RSD. The records and notes from the
hospitalizations of November 1996 and January
1997 reflect similar associations between her
mental state and her arm injury. . . .
Relying on the treating physicians'
notes, there is extensively documented
correlation between [Snyder's] mental health
and her physical injury of 1990.
"Medical evidence is not necessarily conclusive, but is
subject to the commission's consideration and weighing."
Hungerford Mechanical Corp. v. Hobson, 11 Va. App. 675, 677, 401
S.E.2d 213, 214 (1991). In its role as fact finder, the
commission was entitled to weigh the medical evidence, to accept
the opinions of Snyder's treating physicians, Dr. Lewis and Dr.
Mary C. Williams, and licensed professional counselor, Susan
Riggs, and to reject any contrary medical opinions. The opinion
of a treating physician is entitled to great weight. See Pilot
Freight Carriers, Inc. v. Reeves, 1 Va. App. 435, 439, 339 S.E.2d
570, 572 (1986). The medical records and opinions of Snyder's
treating physicians 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, 12 Va. App. at
894, 407 S.E.2d at 35.
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II.
Code § 65.2-603 provides that an employer must furnish an
injured employee reasonable and necessary medical treatment free
of charge. The commission is authorized to order a change in
treating physicians. See Code § 65.2-603.
The commission has previously identified the following
grounds upon which it will order a change in an employee's
treating physician:
inadequate treatment is being rendered; it
appears that treatment is needed by a
specialist in a particular field and is not
being provided; no progress being made in
improvement of the employee's health
condition without any adequate explanation;
conventional modalities of treatment are not
being used; no plan for treatment for
long-term disability cases; and failure to
cooperate with discovery proceedings ordered
by the Commission.
Powers v. J.B. Constr., 68 O.I.C. 208, 211 (1989) (construing
Code § 65.1-88 (now Code § 65.2-603)). The commission's
construction of the Act is entitled to great weight on appeal.
See City of Waynesboro v. Harter, 1 Va. App. 265, 269, 337 S.E.2d
901, 903 (1985).
Viewed in the light most favorable to employer, who
prevailed before the commission on this issue, credible evidence
supports the commission's findings that Snyder's current treating
physicians have failed to develop an effective long-term
treatment plan and have not made adequate progress in treating
Snyder's complex problems. Because the commission's findings are
supported by credible evidence, they are binding upon us on
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appeal. See James v. Capitol Steel Constr. Co., 8 Va. App. 512,
515, 382 S.E.2d 487, 488 (1989). Those findings support the
commission's decision ordering a change in Snyder's treating
physicians.
For these reasons, we affirm the commission's decision.
Affirmed.
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