Betty Amburn v. Greenvale School ( 1997 )

COURT OF APPEALS OF VIRGINIA
Present: Judges Bray, Annunziata and Overton
BETTY AMBURN
v. Record No. 2861-96-3 MEMORANDUM OPINION *
PER CURIAM
GREENVALE SCHOOL APRIL 29, 1997
AND
COMMERCIAL UNION INSURANCE COMPANY
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
(Carr L. Kinder, Jr.; Kinder & Fogel, on
brief), for appellant.
(Scott C. Ford; Midkiff & Hiner, on brief),
for appellees.
Betty Amburn (claimant) contends that the Workers'
Compensation Commission (commission) erred in finding that she
failed to prove that her bilateral knee symptoms were causally
related to a February 14, 1994 work-related 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. R.G. Moore Bldg. Corp. v.
Mullins, 10 Va. App. 211, 212, 390 S.E.2d 788, 788 (1990).
Unless we can say as a matter of law that claimant's evidence
sustained her burden of proving a causal connection between her
current knee problems and her work-related accident, the
*
Pursuant to Code § 17-116.010 this opinion is not
designated for publication.
commission's findings are binding and conclusive upon us. Tomko
v. Michael's Plastering Co., 210 Va. 697, 699, 173 S.E.2d 833,
835 (1970).
In denying claimant's application, the commission found as
follows:
[T]here is no medical opinion linking the
claimant's current knee problems with the
work accident on February 14, 1994. Family
physician Dr. Todd Palmerton reported after
his first examination on January 25, 1995
that [claimant's] knee pain was probably
secondary to degenerative changes. [Dr.
Palmerton's] Attending Physician's Report
prepared after that examination noted a
diagnosis of arthritic changes with possible
cartilage related pain, but he did not link
the condition to the work accident described
on the form report. Instead, he indicated
that whether or not there was such a
relationship was "unknown." He also noted on
a follow-up examination on March 23, 1995
that the claimant's problem "sounds like it
is probably more of an arthritic problem than
any acute injury at this point."
Orthopedic surgeon Dr. Richard R.
Eckert, to whom the claimant was referred by
Dr. Palmerton, did not specifically address
the issue of causation . . . . However, he
also noted [on March 5, 1996] she "was quite
comfortable for about a year with no problems
and then her chiropractor recommended walking
for her back and when she resumed walking she
complains of pain in the anterior aspect of
both knees."
The commission's findings are supported by the medical
records of Drs. Palmerton and Eckert. Those medical records
support the commission's inference that claimant's knee problems
probably resulted from the cumulative effect of walking therapy
that was prescribed for claimant's unrelated back condition.
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"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,
based upon Dr. Gregory L. Walter's medical records, which did not
reflect any complaints of knee pain by claimant after March 18,
1994, and upon the lack of medical treatment for knee symptoms
between March 18, 1994 and January 25, 1995, the commission was
entitled to reject claimant's testimony that her knees were never
pain-free after the February 14, 1994 accident.
Based upon the lack of medical evidence establishing a
causal connection between claimant's current knee symptoms and
the February 14, 1994 work-related accident, we cannot find as a
matter of law that claimant's evidence sustained her burden of
proof. Accordingly, we affirm the commission's decision.
Affirmed.
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