P.D. Interiors, Inc. v. James R. Armistead ( 1997 )

COURT OF APPEALS OF VIRGINIA
Present: Judges Bray, Annunziata and Overton
P.D. INTERIORS, INC.
AND
TRANSPORTATION INSURANCE COMPANY
MEMORANDUM OPINION *
v. Record No. 0058-97-3 PER CURIAM
JUNE 17, 1997
JAMES RICHARD ARMISTEAD
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
(Roya Palmer; Law Offices of Richard A.
Hobson, on brief), for appellants.
(George L. Townsend; Chandler, Franklin &
O'Bryan, on brief), for appellee.
P.D. Interiors and its insurer (hereinafter collectively
referred to as "employer") contend that the Workers' Compensation
Commission (commission) erred in finding that James R. Armistead
(claimant) proved that he sustained a change-in-condition on
November 2, 1995 causally related to his compensable February 22,
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. 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
*
Pursuant to Code § 17-116.010 this opinion is not
designated for publication.
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).
On February 22, 1995, claimant sustained a compensable
injury by accident to his right knee. Dr. George Godette,
claimant's treating orthopedic surgeon, performed right knee
arthroscopy and a partial medial meniscectomy on March 28, 1995.
Dr. Godette released claimant to return to full duty in June
1995. On November 2, 1995, claimant's knee buckled as he walked
on a clear smooth surface at work, causing him to have to catch
himself to prevent a fall. On November 10, 1995, claimant again
sought treatment with Dr. Godette, stating that he had reinjured
his knee. Dr. Godette recommended a knee brace. On January 19,
1996, Dr. Godette performed a right knee ACL reconstruction.
Claimant has been unable to work since the November 2, 1995
incident.
Dr. Godette indicated in response to a questionnaire
prepared by claimant's counsel that the November 1995 injury
constituted an aggravation of the claimant's compensable February
1995 injury by accident. In his June 13, 1996 deposition
testimony, Dr. Godette stated that the initial injury to the
medial collateral ligament made claimant's knee unstable. Dr.
Godette also stated that if the November 1995 incident
constituted minimal trauma, as the evidence showed in this case,
then it would be his opinion that claimant would not have
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sustained the November 1995 injury absent the February 1995
injury.
Dr. Godette's opinions constitute credible evidence to
support the commission's findings. In its role as fact finder,
the commission was entitled to weigh the medical evidence and to
accept Dr. Godette's opinions. "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 S.E.2d 213, 215 (1991). "In
determining whether credible evidence exists, the appellate court
does not retry the facts, reweigh the preponderance of the
evidence, or make its own determination of the credibility of the
witnesses." Wagner Enters., Inc. v. Brooks, 12 Va. App. 890,
894, 407 S.E.2d 32, 35 (1991).
For these reasons, we affirm the commission's decision.
Affirmed.
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