COURT OF APPEALS OF VIRGINIA
Present: Judges Elder, Bumgardner and Lemons
JAMES ERIC COX
MEMORANDUM OPINION *
v. Record No. 1422-98-3 PER CURIAM
NOVEMBER 10, 1998
GOODMAN HARDWARE GLASS
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
(A. Thomas Lane, Jr., on brief), for
appellant.
(Andrew R. Blair, on brief), for appellee.
James Eric Cox ("claimant") contends that the Workers'
Compensation Commission ("commission") erred in finding that he
failed to prove that his right knee condition was a compensable
consequence of his April 22, 1995 left knee injury. 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).
So viewed, the evidence established that on April 22, 1995,
claimant sustained a compensable left knee injury while working
for Goodman Hardware Glass. Claimant came under the care of Dr.
David A. Felder, Jr., who performed arthroscopic surgery on
*
Pursuant to Code § 17-116.010 this opinion is not
designated for publication.
claimant's left knee in May 1995 and again in February 1996.
On April 11, 1997, claimant came under the care of Dr.
George A. Godette. On that date, claimant reported complaints of
left knee, left hip, and right knee pain to Dr. Godette. 1 Dr.
Godette eventually diagnosed claimant as suffering from a medial
meniscus tear of the right knee and performed arthroscopic
surgery on that knee in September 1997.
In his September 18, 1997 office notes, Dr. Godette
documented his conversation with claimant's rehabilitation
counselor, who inquired whether there was a causal relationship
between claimant's right knee condition and his compensable left
knee injury. Dr. Godette wrote that, "The patient seems to think
so, but I have no proof either way."
On November 4, 1997, claimant's counsel posed the following
written question to Dr. Godette:
More probably than not, would it be your
opinion that the claimant's right knee
condition is a compensable consequence to his
left knee injury of April 22, 1995?
Dr. Godette wrote his initials on the blank line next to the
"Yes" response.
In his December 16, 1997 deposition testimony, Dr. Godette
admitted that claimant's right knee symptoms could have developed
from a number of different causes. Dr. Godette testified that he
based his affirmative response to claimant's counsel's question
1
The medical records generated between April 22, 1995 and
April 10, 1997 contain no reference to right knee pain.
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upon claimant's statement that he thought his right knee
condition was work-related. Dr. Godette acknowledged that any
opinion he might give that the right knee condition was causally
related to the left knee injury would be based upon claimant's
statements to him. In essence, Dr. Godette stated that if
claimant said his right knee condition was work-related and he
had no reason not to believe claimant, then "the scales are
tipped in favor of, yes, this is a work-related injury or at
least has something to do with this injury from work."
Based upon this record, the commission held that claimant
failed to prove that his right knee condition was a compensable
consequence of his left knee injury. In so ruling, the
commission, quoting the deputy commissioner, noted that, "'At no
time was Dr. Godette able to explain the role the left knee
injury or its treatment had in generating the right knee
symptoms.'" The commission found that "Dr. Godette's response to
the specific question of the rehabilitation specialist - that he
had no proof either way - accurately described his opinion." The
commission concluded that "[a]lthough the claimant believed that
there was a causation, the medical evidence is speculative."
In Virginia, "[t]he doctrine of compensable consequences is
well established and has been in existence for many years."
Williams Indus., Inc. v. Wagoner, 24 Va. App. 181, 186, 480
S.E.2d 788, 790 (1997).
This doctrine, also known as the chain of
causation rule, provides that "'where the
chain of causation from the original
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industrial injury to the condition for which
compensation is sought is direct, and not
interrupted by any intervening cause
attributable to the [employee's] own
intentional conduct, then the subsequent
[condition] should be compensable.'"
Food Distributors v. Estate of Ball, 24 Va. App. 692, 697, 485
S.E.2d 155, 158 (1997) (quoting Leadbetter, Inc. v. Penkalski, 21
Va. App. 427, 432, 464 S.E.2d 554, 556 (1995)) (other citation
omitted). Unless we can say as a matter of law that claimant's
evidence sustained his burden of proof, the commission's findings
are binding and conclusive upon us. See Tomko v. Michael's
Plastering Co., 210 Va. 697, 699, 173 S.E.2d 833, 835 (1970).
As fact finder, the commission was entitled to weigh the
medical evidence and to give greater weight to Dr. Godette's
September 18, 1997 statement to the rehabilitation counselor than
to his November 4, 1997 response to claimant's counsel's written
question. In light of Dr. Godette's September 18, 1997
statement; his admission that claimant's right knee symptoms
could have developed from a number of different causes; and his
acknowledgment that any opinion on causation that he rendered
would be based upon claimant's belief in a causal connection, the
commission was entitled to conclude that the medical evidence
failed to prove a causal connection between claimant's
compensable left knee injury and his right knee condition.
"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,
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215 (1991).
Because the medical evidence was subject to the commission's
factual determination, we cannot find as a matter of law that the
evidence proved that claimant's right knee condition was a
compensable consequence of his left knee injury. Accordingly, we
affirm the commission's decision.
Affirmed.
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