COURT OF APPEALS OF VIRGINIA
Present: Judges Elder, Bumgardner and Lemons
GOODYEAR TIRE & RUBBER COMPANY
AND TRAVELERS INDEMNITY COMPANY
OF ILLINOIS
MEMORANDUM OPINION *
v. Record No. 1183-98-2 PER CURIAM
NOVEMBER 10, 1998
RUTH A. WILLIAMS
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
(Martha White Medley; Daniel, Vaughan,
Medley & Smitherman, on brief), for
appellants.
(Peter McIntosh; Michie, Hamlett, Lowry,
Rasmussen & Tweel, on brief), for appellee.
Goodyear Tire & Rubber Company and its insurer (hereinafter
referred to as "employer") contend that the Workers' Compensation
Commission ("commission") erred in finding that Ruth A. Williams
("claimant") proved that (1) her right carpal tunnel syndrome and
right hand symptoms were causally related to her November 29,
1995 compensable injury by accident; and (2) the medical
treatment rendered by Dr. Frank C. McCue, III was causally
related to claimant's November 29, 1995 injury by accident. 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
*
Pursuant to Code § 17-116.010 this opinion is not
designated for publication.
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). "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).
In ruling that claimant sustained her burden of proof, the
commission found as follows:
We find the evidence preponderates in
proving the claimant's carpal tunnel syndrome
is causally related to the industrial
accident. Dr. [Paul] Settle, a family
practitioner, said it is not. We read Dr.
[Stephen J.] Leibovic's reports as
establishing a causal relationship. He said
on January 9, 1997, that the accident "most
likely" lead [sic] to a neuropathy of the
median nerve in the carpal tunnel, on March
26, 1997, that if the claimant did not have
numbness and tingling before the accident
(she testified she did not) then those
symptoms were caused by 1 the accident and on
January [sic] 31, 1997, that it was "more
possible than not" that the accident caused
her carpal tunnel. Dr. McCue's February 29,
1996, "Attending Physician's Statement" said
the claimant's right hand injury was caused
by the industrial accident. His May 7, 1996,
report is ambiguous, noting that a single
injury or repetitive use may cause the
problem.
We, as did the Deputy Commissioner, give
greater weight to the specialist, Dr.
1
The correct date of Dr. Leibovic's report cited by the
commission is July 31, 1997.
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Leibovic's opinion.
"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 and to give
greater weight to Dr. Leibovic's opinions. Dr. Leibovic's
medical records and opinions, coupled with claimant's testimony
that she did not suffer from right hand/wrist symptoms prior to
the November 29, 1995 injury by accident, 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).
Based upon our holding on the causation issue, we find that
the commission did not err in holding employer responsible for
Dr. McCue's medical treatment.
For these reasons, we affirm the commission's decision.
Affirmed.
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