C.W. Wright etc v. William E. McAlister ( 1995 )

COURT OF APPEALS OF VIRGINIA
Present: Judges Baker, Bray and Fitzpatrick
Argued at Alexandria, Virginia
C. W. WRIGHT CONSTRUCTION COMPANY, INC. and
PACIFIC EMPLOYERS INSURANCE COMPANY
v. Record No. 2134-94-4 MEMORANDUM OPINION * BY
JUDGE RICHARD S. BRAY
WILLIAM E. McALISTER MAY 2, 1995
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
A. James Kauffman (G. Wythe Michael, Jr.; Taylor, Hazen &
Kauffman, on brief), for appellants.
John J. McGrath, Jr. (Janney, Janney & McGrath, on brief),
for appellee.
C. W. Wright Construction Company, Inc. and Pacific Employers
Insurance Company (together "employer") appeal the commission's
finding that William E. McAlister (claimant) suffered from an
occupational disease, carpal tunnel syndrome, and an award of
attendant benefits. Employer contends that the evidence was
insufficient to support the claim. 1 We affirm the decision of the
commission.
The parties are fully conversant with the record in this case,
and we recite only those facts necessary to explain our holding.
Under familiar principles, this Court will construe the
evidence in the light most favorable to the prevailing party below,
claimant in this instance. Crisp v. Brown's Tysons Corner Dodge,
Inc., 1 Va. App. 503, 504, 339 S.E.2d 916, 916 (1986). "'Whether a
*
Pursuant to Code § 17-116.010 this opinion is not designated
for publication.
1
Although employer identifies several issues on appeal, we have
considered them collectively in a sufficiency analysis.
disease is causally related to the employment and not causally
related to other factors is . . . a finding of fact.' When there
is credible evidence to support it, such a finding of fact [by the
commission] is 'conclusive and binding' on this Court." Ross
Laboratories v. Barbour, 13 Va. App. 373, 377-78, 412 S.E.2d 205,
208 (1991) (quoting Island Creek Coal Co. v. Breeding, 6 Va. App.
1, 12, 365 S.E.2d 782, 788 (1988)); Code § 65.2-706(A).
On September 11, 1992, claimant first visited Dr. Jonathan K.
Malone, the treating physician, complaining of "numbness and
swelling" in his right hand. Dr. Malone noted in his records that
claimant's symptoms were indicative of carpal tunnel syndrome and
successfully performed "carpal tunnel release" surgery on November
13, 1993. In correspondence dated June 18, 1993, Dr. Malone
associated carpal tunnel syndrome with "repetitive use of the hands
and wrists," and, noting that claimant's work "required this type
of repetitive use," concluded that he developed the condition "due
to the nature of his job." In a later report, Dr. Malone described
this pathology as "an occupational disease" caused by the
"repetitive nature in which [claimant] used his hands."
This evidence, considered with the entire record, provided
sufficient support to the commission's finding that claimant
suffered a compensable, occupational disease. See Code
§ 65.2-400(B); Piedmont Mfg. Co. v. East, 17 Va. App. 499, 503, 438
S.E.2d 769, 772 (1993); Dep't of State Police v. Haga, 18 Va. App.
162, 165-66, 442 S.E.2d 765, 425-26 (1994). Accordingly, we affirm
the award.
- 2 -
Affirmed.
- 3 -