Marriott Corporation v. Judith D. Connell ( 1998 )

COURT OF APPEALS OF VIRGINIA
Present: Judges Bray, Annunziata and Overton
MARRIOTT CORPORATION
MEMORANDUM OPINION *
v. Record No. 2814-97-4 PER CURIAM
APRIL 28, 1998
JUDITH D. CONNELL
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
(John K. Coleman; Slenker, Brandt, Jennings &
Johnston, on brief), for appellant.
(Howard B. Ackerman, on brief), for appellee.
Marriott Corporation ("employer") contends that the Workers'
Compensation Commission ("commission") erred in finding that
Judith D. Connell ("claimant") proved she was entitled to an
award of temporary total disability benefits beginning June 17,
1996. 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).
Factual findings made by the commission will be upheld on appeal
if supported by credible evidence. See James v. Capitol Steel
Constr. Co., 8 Va. App. 512, 515, 382 S.E.2d 487, 488 (1989).
In granting claimant's application alleging a change in
*
Pursuant to Code § 17-116.010 this opinion is not
designated for publication.
condition, the commission found as follows:
Each of the claimant's treating physicians,
Dr. [Roger A.] Snyder, Dr. [Roger] Gisolfi
and Dr. [Alec] Lebedun have said the claimant
could not work. Only Dr. [Bruce] Smoller, a
non-treating psychiatrist, who examined the
claimant twice, in 1993 and again in 1996,
said the claimant had no impairment that kept
her from working. The Commission generally
gives the greatest weight to the opinions of
the treating doctors.
Moreover, the claimant attempted light
duty work but was not successful. Her
testimony and the testimony of the
supervisor, Mr. Barfield, proved her attempt
was bona fide. After her try, the claimant's
doctors, aware of her efforts at work, said
she was disabled.
The medical records and opinions of Drs. Snyder, Gisolfi,
and Lebedun, coupled with claimant's testimony regarding her
unsuccessful attempt to perform light duty work, constitute
credible evidence to support the commission's findings. Based
upon this evidence, the commission could reasonably infer that
claimant was totally disabled as of June 17, 1996. "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). Moreover, the
commission was entitled to give greater weight to the treating
physicians' opinions. See Pilot Freight Carriers, Inc. v.
Reeves, 1 Va. App. 435, 438-39, 339 S.E.2d 570, 572 (1986).
For these reasons, we affirm the commission's decision.
Affirmed.
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