COURT OF APPEALS OF VIRGINIA
Present: Judges Baker, Elder and Fitzpatrick
MAGIC PAN INTERNATIONAL, INC.
AND
VIGILANT INSURANCE COMPANY
MEMORANDUM OPINION *
v. Record No. 1482-97-4 PER CURIAM
OCTOBER 21, 1997
DOROTHY LUCILLE ROBERTSON
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
(Robert C. Baker, Jr.; Mell, Brownell &
Baker, on brief), for appellants.
(Alan J. Ackerman; Stien, Braunstein &
Associates, on brief), for appellee.
Magic Pan International, Inc. and its insurer (hereinafter
referred to as "employer") appeal a decision of the Workers'
Compensation Commission holding employer responsible for various
medical expenses incurred by Dorothy Lucille Robertson
(claimant). Employer contends that the commission erred in
finding it responsible for the cost of (1) medical treatment
rendered by City Hospital to claimant from July 1992 through
October 1995; and (2) diagnostic testing recommended by Dr. Bruce
Ammerman. Finding no error, we affirm.
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).
On January 18, 1985, claimant sustained a compensable back
*
Pursuant to Code § 17-116.010 this opinion is not
designated for publication.
injury. Thereafter, she underwent several back surgeries. On
October 13, 1988, the commission approved a compromise settlement
between the parties, which provided for lifetime medical
benefits. Claimant re-injured her back on August 29, 1991.
Thereafter, employer disputed its responsibility for various
medical expenses incurred after the August 29, 1991 re-injury. 1
On December 31, 1993, Dr. Ammerman wrote that claimant's
"symptomatology has waxed and waned over the last several years
and does not appear to have been affected by the 8/29/91 slip."
On January 18, 1994, Dr. Ammerman wrote that claimant's ongoing
treatment through the latter part of 1991, 1992, and through
1993, "has continued to be directly related to residuals of
lumbar disc disease and multiple operative procedures as a result
of her 1/18/85 work-related injury."
Dr. Marvin G. Korengold, who reviewed claimant's medical
records upon employer's request, opined that all of the treatment
in question was related to the August 1991 incident.
In holding employer responsible for the disputed medical
expenses, the commission found as follows:
The Deputy Commissioner rejected the
1
On March 7, 1995, this Court summarily affirmed the
commission's July 27, 1994 decision. That decision found
employer (a) not responsible for medical bills directly related
to the second injury, (b) responsible for emergency outpatient
and inpatient treatment at City Hospital from March 15, 1992
through December 21, 1992, and related physician's charges,
including charges of Dr. Estigoy and Dr. DeBoard, and (c)
responsible for a May 11, 1992 MRI ordered by Dr. Ammerman. See
Magic Pan Int'l Inc. v. Robertson, Record No. 1597-94-4 (Va. Ct.
App. Mar. 7, 1995).
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employer's arguments, finding that treatment
rendered at City Hospital from July, 1992,
through October, 1995, was related to the
1985 injury and that the 1991 injury had long
since resolved. The 1993 and 1994 letters
written by Dr. Ammerman support this
conclusion, as do the subsequent hospital
reports which reference the claimant's
history of discogenic disease and multiple
back surgeries including a failed fusion
performed as a result of the 1985 injury.
The hospital reports also describe "severe"
back pain and diagnose "acute" exacerbations
and we find that the treatment was reasonable
and necessary as well as causally related to
the 1985 injury.
In its role as fact finder, the commission was entitled to
weigh the medical evidence and to accept the opinions of Dr.
Ammerman, the treating physician. The commission was also
entitled to reject Dr. Korengold's opinion. "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). Dr. Ammerman's opinions and the hospital
medical records constitute credible evidence to support the
commission's decision.
Because the commission's findings are supported by credible
evidence, they are binding and conclusive on appeal. See James
v. Capitol Steel Constr. Co., 8 Va. App. 512, 515, 382 S.E.2d
487, 488 (1989). Accordingly, we affirm the commission's
decision.
Affirmed.
3