COURT OF APPEALS OF VIRGINIA
Present: Judges Benton, Coleman and Willis
RONNIE HAWKINS
v. Record No. 1918-96-3 MEMORANDUM OPINION *
PER CURIAM
HAR LEE COAL COMPANY JANUARY 7, 1997
AND
EMPLOYERS INSURANCE OF WAUSAU
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
(Karel Brown Ryan, on briefs), for appellant.
(Michael F. Blair; Penn, Stuart & Eskridge,
on brief), for appellees.
Ronnie Hawkins contends that the Workers' Compensation
Commission erred in finding that he failed to prove that his
disability after May 4, 1994 and Dr. Daniel Robertson's treatment
beginning July 22, 1994 were causally related to his August 19,
1993 compensable 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. Rule 5A:27.
On appeal, we view the evidence in the light most favorable
to the prevailing party below. R.G. Moore Bldg. Corp. v.
Mullins, 10 Va. App. 211, 212, 390 S.E.2d 788, 788 (1990).
Unless we can say as a matter of law that Hawkins' evidence
sustained his burden of proving causation, the commission's
*
Pursuant to Code § 17-116.010 this opinion is not
designated for publication.
findings are binding and conclusive upon us. Tomko v. Michael's
Plastering Co., 210 Va. 697, 699, 173 S.E.2d 833, 835 (1970).
Dr. Kurtz E. Alderman treated Hawkins both before and after
the August 19, 1993 work-related accident. Immediately following
the August 19, 1993 accident, Dr. Alderman diagnosed Hawkins as
suffering from an acute lumbar strain. Dr. Alderman opined that
Hawkins could return to work in seven to ten days. Hawkins
returned to his pre-injury job on August 23, 1993, and continued
to work until May 3, 1994. Dr. Alderman, who was aware of
Hawkins' extensive history of back injuries including the August
19, 1993 incident, prepared a May 9, 1994 disability statement.
The statement referenced on-going recurrent symptoms of several
years' duration and did not mention the August 19, 1993 accident.
In its role as fact finder, the commission was entitled to
weigh the medical evidence, accept the opinion of Dr. Alderman,
and reject the contrary opinion of Dr. Robertson. "Questions of
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. Robertson based his opinion concerning
causation on an inaccurate and incomplete medical history. Where
a medical opinion is based upon an incomplete or inaccurate
medical history, the commission is entitled to conclude that the
opinion is of little probative value. See Clinchfield Coal Co.
v. Bowman, 229 Va. 249, 251-52, 329 S.E.2d 15, 16 (1985).
Absent Dr. Robertson's opinion, no medical evidence
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established that Hawkins' post-May 4, 1994 disability and medical
treatment were causally related to his compensable August 19,
1993 injury by accident. Accordingly, we cannot find as a matter
of law that Hawkins' evidence sustained his burden of proof.
For these reasons, we affirm the commission's decision.
Affirmed.
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