Wells Farge v. Judy Walker-Reynolds ( 1996 )

COURT OF APPEALS OF VIRGINIA
Present: Judges Baker, Elder and Fitzpatrick
WELLS FARGO
AND
CONSTITUTION STATE SERVICE COMPANY MEMORANDUM OPINION *
PER CURIAM
v. Record No. 0931-96-4 OCTOBER 1, 1996
JUDY WALKER-REYNOLDS
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
(Lisa C. Healey; Siciliano, Ellis, Dyer &
Boccarosse, on brief), for appellants.
(Peter M. Sweeny, on brief), for appellee.
Wells Fargo and its insurer contend that the Workers'
Compensation Commission ("commission") erred in finding that Judy
Walker-Reynolds ("claimant") proved that her post-February 6,
1995 disability is causally related to her compensable November
1, 1994 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 finding that claimant sustained her burden of proving a
compensable change in condition, the commission found as follows:
[T]he evidence predominates that the
claimant's symptoms after February 6, 1995,
remain related to her November, 1994, fall.
As Dr. [Donald L.] MacNay notes, the claimant
has continued to have persistent, severe
symptoms since the accident which did not let
up. Dr. [Anthony] Debs states that the fall
aggravated the claimant's pre-existing back
problem. We are not persuaded by Dr. [Mayo]
Friedlis' opinion that the claimant has
reached her pre-injury state, and his view
that the lumbar sprain would have resolved by
February 6, 1995, absent a pre-existing back
problem is speculative. Moreover, Dr. MacNay
has treated the claimant since 1990, and is
most qualified to determine whether the
claimant had returned to her pre-injury
state. Aggravation of a pre-existing
condition is compensable if it results from a
compensable injury by accident. Southern
Iron Works, Inc. v. Wallace, 16 Va. App. 131,
428 S.E.2d 32 (1993).
As fact finder, the commission was entitled to weigh the
medical evidence, to accept Dr. MacNay's opinion, and to reject
Dr. Friedlis' opinion to the contrary. In cases of conflicting
medical evidence, "[t]he general rule is that when an attending
physician is positive in his diagnosis . . . , great weight will
be given by the courts to his opinion." Pilot Freight Carriers,
Inc. v. Reeves, 1 Va. App. 435, 439, 339 S.E.2d 570, 572 (1986).
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Dr. MacNay's opinion constitutes credible evidence to support
the commission's decision. "The fact that there is 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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