Danville School Board v. George Brumfield ( 1995 )

COURT OF APPEALS OF VIRGINIA
Present: Judges Koontz, Bray and Senior Judge Hodges
DANVILLE SCHOOL BOARD
v. Record No. 1940-94-3 MEMORANDUM OPINION *
PER CURIAM
GEORGE BRUMFIELD MAY 9, 1995
FROM THE VIRGINIA WORKERS'
COMPENSATION COMMISSION
(Gregory P. Cochran; Caskie & Frost, on briefs), for
appellant.
(J. Gorman Rosenberger, Jr.; Wilson, Garbee &
Rosenberger, on brief), for appellee.
Danville School Board contends that the Workers'
Compensation Commission erred in finding that George Brumfield
proved that (1) his current disability resulting from his back
condition was causally related to his March 31, 1992 compensable
injury by accident; and (2) he was unable to return to his pre-
injury work as of June 18, 1993. 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 party prevailing below. 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. James v. Capitol Steel
Constr. Co., 8 Va. App. 512, 515, 382 S.E.2d 487, 488 (1989).
*
Pursuant to Code § 17-116.010 this opinion is not
designated for publication.
1
In awarding claimant temporary total disability benefits
beginning June 18, 1993 and continuing, the commission found as
follows:
The record in this case is replete with
medical evidence indicating that the claimant
is suffering from disabling back problems
caused by his March 31, 1992 industrial
accident which rendered him temporary totally
disabled. [Dr. Alton Gross'] letter of
October 15, 1993, while indicating that the
claimant could perform his work as a teacher
if his position were available with the
defendant, was clarified in a subsequent
letter dated January 14, 1994 which stated
that the claimant could not "perform his
regular work lifting up to 50 pounds after
his injury or at the present time." The
claimant testified that while he had some
back pain before his accident, it resolved
with medication and did not last long.
The medical records and reports of the treating physician,
Dr. Gross, constitute credible evidence to support the
commission's findings. Dr. Gross' records demonstrate that the
claimant has suffered from disabling back pain since his March
31, 1992 industrial injury. There is no evidence that claimant
suffered from disabling back pain prior to the industrial
accident. Dr. Gross' records also demonstrate that, since June
18, 1993, claimant was consistently limited to light duty, which
would have prevented him from carrying out all of the duties of
his pre-injury work as a shop teacher. 1
1
The commission found that the claimant made a reasonable
effort to market his residual capacity after June 18, 1993.
Because this finding was not appealed by employer, we will not
address it.
2
For the reasons stated, we affirm the commission's decision.
Claimant's request for an award of attorney's fees and costs is
denied.
Affirmed.
3