Grace E. Falls v. VA Mennonite Retirement ( 1996 )

COURT OF APPEALS OF VIRGINIA
Present: Judges Bray, Annunziata and Overton
GRACE E. FALLS
v. Record No. 1040-96-3 MEMORANDUM OPINION *
PER CURIAM
VIRGINIA MENNONITE RETIREMENT OCTOBER 1, 1996
AND
CENTURY INDEMNITY COMPANY
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
(A. Thomas Lane, Jr., on brief), for
appellant.
(Douglas A. Seymour, on brief), for
appellees.
Grace E. Falls ("claimant") contends that the Workers'
Compensation Commission ("commission") erred in finding that her
current symptomatology concerning her upper back, neck, shoulder
and cervical condition was not causally related to her
compensable October 3, 1990 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. 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 § 17-116.010 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). "Questions raised by
conflicting medical opinions must be decided by the commission."
Penley v. Island Creek Coal Co., 8 Va. App. 310, 318, 381 S.E.2d
231, 236 (1989).
In ruling that Virginia Mennonite Retirement ("employer")
sustained its burden of proof, the commission found as follows:
The Deputy Commissioner relied heavily on the
medical records of the claimant's treating
physician, Dr. [Galen] Craun. In addition to
relying on Dr. Craun, we also rely on the
employer medical evaluator, Dr. [George A.]
Godette, and the medical records reviewer,
Dr. [James N.] Nutt. We find Dr. Craun's
deposition testimony credible in that when
[claimant] first presented to him in October,
1990, five days after the accident, she
complained only of low back pain. [Claimant]
continued treating with Dr. Craun until May
22, 1991. During this period, Dr. Craun
testified that [claimant] made no complaints
for any physical ailment other than her low
back. Thus, Dr. Craun treated [claimant]
only for her low back. Dr. Craun's medical
records corroborate his testimony. We place
more weight on the treating physician's (Dr.
Craun's) testimony and contemporaneous
medical records than the opinions of Dr.
Riggleman and Dr. Andrea Trescot expressed
five years after the injury.
In its role as fact finder, the commission was entitled to
weigh the medical evidence and to accept the opinions of Drs.
Craun, Godette, and Nutt. The commission was also entitled to
reject the opinions of Drs. Riggleman and Trescot. The opinions
of Drs. Craun, Godette, and Nutt, as well as Dr. Craun's
contemporaneous medical records, constitute credible evidence to
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support the commission's decision. "The existence of contrary
evidence in the record is of no consequence if there is credible
evidence to support the commission's finding." Wagner Enters.,
Inc. v. Brooks, 12 Va. App. 890, 894, 407 S.E.2d 32, 35 (1991).
For the reasons stated, we affirm the commission's decision.
Affirmed.
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