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Coleman Homes, Inc. and Cincinnati Casualty Company v. William Jason Lynch ( 2006 )


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  •                                COURT OF APPEALS OF VIRGINIA
    Present: Judges Frank, McClanahan and Senior Judge Willis
    COLEMAN HOMES, INC. AND
    CINCINNATI CASUALTY COMPANY
    MEMORANDUM OPINION*
    v.     Record No. 1769-06-2                                          PER CURIAM
    DECEMBER 19, 2006
    WILLIAM JASON LYNCH
    FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION
    (Calvin W. Fowler, Jr.; Misty D. Evans; Williams Mullen, A
    Professional Corporation, on briefs), for appellants.
    (Wesley G. Marshall, on brief), for appellee.
    Coleman Homes, Inc. and its insurer appeal a decision of the Workers’ Compensation
    Commission finding that William Jason Lynch proved permanent and total work incapacity
    causally related to his October 14, 1993 work-related brain injury. Essentially, appellants
    contend the commission erred in accepting the testimony of claimant’s treating physicians and
    not that of their medical experts.
    “A question raised by conflicting medical opinion is a question of fact.” Dep’t of Corr. v.
    Powell, 
    2 Va. App. 712
    , 714, 
    347 S.E.2d 532
    , 533 (1986). “Decisions of the commission as to
    questions of fact, if supported by credible evidence, are conclusive and binding on this Court.”
    Manassas Ice & Fuel Co. v. Farrar, 
    13 Va. App. 227
    , 229, 
    409 S.E.2d 824
    , 826 (1991). “The fact
    that there is contrary evidence in the record is of no consequence.” Wagner Enters., Inc. v.
    Brooks, 
    12 Va. App. 890
    , 894, 
    407 S.E.2d 32
    , 35 (1991); see also American Filtrona Co. v.
    Hanford, 
    16 Va. App. 159
    , 
    428 S.E.2d 511
     (1993). The commission gave greater weight to the
    *
    Pursuant to Code § 17.1-413, this opinion is not designated for publication.
    opinion of claimant’s treating physicians. See United Airlines, Inc. v. Sabol, 
    47 Va. App. 495
    ,
    501, 
    624 S.E.2d 692
    , 695 (2006) (holding that the commission, in weighing the medical
    evidence, is entitled to “give[] great weight to the treating physician’s opinion”).
    We have reviewed the record and the commission’s opinion and find that this appeal is
    without merit. Accordingly, we affirm for the reasons stated by the commission in its final
    opinion. See Lynch v. Coleman Homes, Inc., VWC File No. 165-92-78 (June 23, 2006). We
    dispense with oral argument and summarily affirm because the facts and legal contentions are
    adequately presented in the materials before the Court and argument would not aid the decisional
    process. See Code § 17.1-403; Rule 5A:27.
    Affirmed.
    -2-