COURT OF APPEALS OF VIRGINIA
Present: Judges Baker, Elder and Fitzpatrick
WRANGLER, INC.
MEMORANDUM OPINION *
v. Record No. 0895-97-4 PER CURIAM
SEPTEMBER 2, 1997
COLLEEN D. GREENE KIRTLEY
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
(J. David Griffin; Fowler, Griffin, Coyne &
Coyne, on briefs), for appellant.
(George Warren Shanks, on brief), for
appellee.
Wrangler, Inc. contends that the Workers' Compensation
Commission (commission) erred in finding that (1) Colleen Greene
Kirtley's (claimant) continuing left upper extremity problems are
causally related to her compensable deQuervain's disease; and (2)
claimant proved she is disabled from performing her pre-injury
work as a result of symptoms related to her compensable
deQuervain's disease. 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. Rule
5A:27.
Causation
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
*
Pursuant to Code § 17-116.010 this opinion is not
designated for publication.
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 finding that claimant sustained her burden of proving a
compensable change in condition, the commission found as follows:
The claimant's credible testimony
that she suffered continual
problems after the deQuervain's
release is corroborated by the
medical histories recorded by Dr.
[Charles S.] Miller, Dr. [Gary W.]
Dotson, and Dr. [Irvin E.] Hess's
office personnel when the claimant
returned to Dr. Hess on September
22, 1995.
We find that Dr. Hess's
opinion regarding causation is not
positive, as asserted by the
employer, but rather, is shaded by
doubt. In March 1996, Dr. Hess
admitted that the claimant's
symptoms date back to the time of
her treatment for deQuervain's
tenosynovitis. However, without
further explanation, he summarily
concluded that he could not
"directly" relate the current
problems to the deQuervain's
disease. Dr. Miller, on the other
hand, unequivocally relates the
claimant's continuing symptoms to
her work-related condition.
While we have stated that the opinion of the treating
physician is entitled to great weight, Pilot Freight Carriers,
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Inc. v. Reeves, 1 Va. App. 435, 439, 339 S.E.2d 570, 572 (1986),
the law does not require that the treating physician's opinion be
accepted over that of others. Moreover, "[m]edical 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).
Accordingly, in its role as fact finder, the commission was
entitled to weigh the medical evidence, to accept Dr. Miller's
opinion, and to reject Dr. Hess' opinion. Dr. Miller's opinion,
coupled with claimant's testimony, constitutes 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).
Disability
Employer contends that the commission erred in finding that
claimant was not capable of returning to her pre-injury work due
to symptoms related to her compensable deQuervain's disease, and
in holding employer responsible for the cost of Dr. Miller's
medical treatment. We disagree.
The commission was entitled to accept Dr. Miller's May 29,
1996 unequivocal opinion that claimant could not perform her
pre-injury job, which entailed repetitive movements of her arms
and hands, and to reject the contrary opinion of Dr. Hess. Dr.
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Miller's opinion provides credible evidence to support the
commission's finding that claimant was not capable of performing
her pre-injury work. The commission's finding that claimant made
good faith efforts to market her residual work capacity after
August 12, 1996 is not challenged on appeal by employer.
Accordingly, because credible evidence supports the commission's
decision, it is binding and conclusive upon us. See James v.
Capitol Steel Constr. Co., 8 Va. App. 512, 515, 382 S.E.2d 487,
488 (1989).
In addition, we find no merit in employer's argument that it
should not be held responsible for the cost of Dr. Miller's
medical treatment. Credible evidence proved that Dr. Miller
treated claimant for symptoms causally related to her compensable
deQuervain's disease. Furthermore, Dr. Miller was claimant's
original authorized treating physician before referring her to
Dr. Hess.
Claimant's request for costs and attorney's fees is denied.
For the reasons stated, we affirm the commission's decision.
Affirmed.
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