Community Memorial Healthcenter v. Crute ( 1998 )

COURT OF APPEALS OF VIRGINIA
Present: Judges Benton, Coleman and Willis
COMMUNITY MEMORIAL HEALTHCENTER
AND THE VIRGINIA INSURANCE RECIPROCAL
MEMORANDUM OPINION *
v. Record No. 1654-98-2 PER CURIAM
DECEMBER 8, 1998
PINKIE A. CRUTE
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
(Andrea L. Bailey; Crews & Hancock, on
briefs), for appellants.
(Gerald G. Lutkenhaus, on brief), for
appellee.
Community Memorial Healthcenter and its insurer (hereinafter
referred to as "employer") contend that the Workers' Compensation
Commission ("commission") erred in finding that Pinkie A. Crute's
("claimant") cervical disc injury was causally related to her
compensable November 20, 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
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
*
Pursuant to Code § 17.1-413, recodifying Code § 17-116.010,
this opinion is not designated for publication.
support the finding." Ingersoll-Rand Co. v. Musick, 7 Va. App.
684, 688, 376 S.E.2d 814, 817 (1989).
In ruling that claimant's cervical disc injury was causally
related to her compensable injury by accident, the commission
found as follows:
[I]t is significant that the claimant
complained of radiating pain into the
shoulder joint at the time of that first
visit [in July 1996 to Dr. Sukri
Vanichkachorn ("Dr. Van")]. Also, she
testified to initial symptoms going up into
her arm.
. . . Dr. [Anthony] Velo made the
affirmative statement that the claimant was
being seen for injuries sustained at work and
referred to the subject accident. He then
referred to the neck complaints, the results
of studies, and his treatment plan. Even if
this is not interpreted to be a clear opinion
on causation, a reasonable implication is
that Dr. Velo related the neck complaints to
the compensable accident.
* * * * * * *
[The claimant's] early symptoms were
consistent with cervical involvement in that
she experienced tingling and swelling going
up her arm. Even though Dr. Van's initial
medical record does not reference neck pain,
it does refer to pain radiating up to the
elbow and shoulder joint. When the foregoing
symptoms are coupled with Dr. Velo's report
of January 2, 1997, there is sufficient
evidence to support the Deputy Commissioner's
finding of causation between the neck injury
and the compensable accident.
"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
- 2 -
S.E.2d 213, 215 (1991). "The testimony of a claimant may also be
considered in determining causation, especially where the medical
testimony is inconclusive." Dollar General Store v. Cridlin, 22
Va. App. 171, 176, 468 S.E.2d 152, 154 (1996).
Based upon the medical records of Drs. Vanichkachorn and
Velo, coupled with claimant's testimony that she had tingling and
swelling going from her fingers to her elbow beginning on July
20, 1995 after the compensable accident, the commission, as fact
finder, could reasonably infer that claimant's cervical disc
injury was causally related to her compensable injury by
accident. "Where reasonable inferences may be drawn from the
evidence in support of the commission's factual findings, they
will not be disturbed by this Court on appeal." Hawks v. Henrico
County Sch. Bd., 7 Va. App. 398, 404, 374 S.E.2d 695, 698 (1988).
For these reasons, we affirm the commission's decision.
Affirmed.
- 3 -