Vulcan Materials Co. v. Charles Lee Crawford ( 1997 )

COURT OF APPEALS OF VIRGINIA
Present: Judges Benton, Annunziata and Senior Judge Cole
Argued at Richmond, Virginia
VULCAN MATERIALS COMPANY
MEMORANDUM OPINION *
v. Record No. 1886-96-2 BY JUDGE MARVIN F. COLE
FEBRUARY 18, 1997
CHARLES LEE CRAWFORD
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
Benjamin J. Trichilo (Trichilo, Bancroft,
McGavin, Horvath & Judkins, P.C., on briefs),
for appellant.
James A. Kline, IV (Eck, Collins & Marstiller
Affiliated Law Offices, on brief), for
appellee.
Vulcan Materials Company (Vulcan) appeals from a decision of
the Workers' Compensation Commission awarding Charles Lee
Crawford the cost of chiropractic treatments for as long as
necessary. The question presented on this appeal is whether the
need for and cost of chiropractic treatments are supported by
credible evidence. We affirm the commission's decision.
On August 30, 1991, Crawford was injured when the rear axle
shaft of the company truck he was driving broke, causing the
truck to crash into a quarry wall. On August 20, 1993, the
commission entered an award for Crawford for "the payment of all
reasonable and necessary medical treatment causally related to
the August 30, 1991 accident for as long as necessary."
*
Pursuant to Code § 17-116.010 this opinion is not
designated for publication.
Dr. Donald MacNay, an orthopedic specialist and Crawford's
treating physician, opined that Crawford's back pain was a result
of the August 30, 1991 accident. Dr. MacNay referred Crawford
for chiropractic treatment at Carlton Chiropractic. Carlton
Chiropractic performed a spinal manipulation, mechanical
traction, and electric stimulation on Crawford.
Dr. Joseph Linehan conducted an independent evaluation of
Crawford. Linehan found "no reparative value to these
chiropractic treatments." Linehan stated that the treatment
charges were 25% higher than a physical therapist would charge,
and that usually three to four weeks of treatment were
sufficient. In Dr. Linehan's opinion, Crawford's back pain was
due to spondylolisthesis, and not to the August 30, 1991
accident.
On July 10, 1996, the commission found Vulcan responsible
for the costs of chiropractic treatments received between October
1994 and May 1995, as recommended by Dr. MacNay. On July 26,
1996, the commission amended its award, making Vulcan responsible
for the costs of these treatments for as long as necessary.
On appellate review, the factual findings of the commission
are binding if they are supported by credible evidence. Wagner
Enters., Inc. v. Brooks, 12 Va. App. 890, 894, 407 S.E.2d 32, 35
(1991); James v. Capitol Steel Constr. Co., 8 Va. App. 512, 515,
382 S.E.2d 487, 488 (1989). The fact that there is contrary
evidence in the record is no consequence if there is credible
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evidence to support the commission's finding. Franklin Mortgage
Corp. v. Walker, 6 Va. App. 108, 110-11, 367 S.E.2d 191, 193
(1988) (en banc). "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., 12 Va.
App. at 894, 407 S.E.2d at 35 (citing Jules Hairstylists, Inc. v.
Galanes, 1 Va. App. 64, 69, 334 S.E.2d 592, 595 (1985)).
The commission, recognizing that chiropractic treatment
would not be Dr. Linehan's choice, found Vulcan responsible for
the costs of chiropractic treatments as recommended by Dr.
MacNay, Crawford's treating physician. Vulcan argues that this
award is not supported by credible evidence. We disagree. Dr.
MacNay determined that Crawford's back pain was a result of the
August 30, 1991 accident. The record shows that Dr. MacNay
thought chiropractic treatment was warranted and noted that
Crawford's back had been helped by the treatment. Dr. MacNay
continually reevaluated Crawford's condition and found the
continuing treatment to be reasonable and necessary. The record
shows that the fees charged for the treatments were not
excessive. The commission's findings of fact are supported by
credible evidence.
For the reasons stated, we affirm the commission's decision.
Affirmed.
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