Laura D. Perfater v. Ames Textile Corporation ( 1995 )

COURT OF APPEALS OF VIRGINIA
Present: Judges Benton, Coleman and Willis
LAURA D. PERFATER
v. Record No. 0712-95-3 MEMORANDUM OPINION *
PER CURIAM
AMES TEXTILE CORPORATION SPETEMBER 26, 1995
AND
AMERICAN & FOREIGN INSURANCE COMPANY
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
(Joseph J. Steffen, Jr., on brief), for appellant.
(Richard D. Lucas; Woods, Rogers & Hazlegrove, on
brief), for appellees.
Laura D. Perfater contends that the Workers' Compensation
Commission erred in finding that she failed to prove that her
alleged neck and shoulder injuries were causally related to her
compensable May 18, 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).
Unless Perfater's evidence proved as a matter of law that the
accident of May 18 caused her injury, rather than some other
causative event or circumstance, the commission's findings are
*
Pursuant to Code § 17-116.010 this opinion is not
designated for publication.
binding and conclusive upon us. Tomko v. Michael's Plastering
Co., 210 Va. 697, 699, 173 S.E.2d 833, 835 (1970).
In denying benefits to Perfater, the commission found the
following:
The Deputy Commissioner denied benefits,
finding the claimant was not credible and did
not give accurate histories to the
physicians, which renders their opinions
regarding causation less persuasive. Upon
Review of the entire record, we agree with
the Deputy Commissioner's determination. Not
only were the physicians unaware of the
claimant's limited recreational activities,
the medical reports refer to a history of
neck complaints since the accident, which the
claimant denied at the hearing.
While an EMG revealed a tardy ulnar
palsy, this condition is not related to the
accident. The claimant never complained to
anyone with the employer about any other
injuries besides the eye cut and did not give
an accurate medical history to her
physicians. Based on the inconsistencies and
inaccuracies in the record, we cannot find
the claimant has sustained her burden of
establishing a causal link between her neck
complaints and her May 18, 1994 industrial
accident . . . .
Credibility determinations of witnesses are within the fact
finder's exclusive purview. Goodyear Tire & Rubber Co. v.
Pierce, 5 Va. App. 374, 381, 363 S.E.2d 433, 437 (1987). Because
Perfater gave her treating physicians inaccurate medical
histories, the commission was entitled to find that the
physician's medical opinion concerning the cause of Perfater's
neck condition was not based upon reliable information.
Accordingly, the commission was entitled to reject the
physician's opinion concerning causation. See Clinchfield Coal
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Co. v. Bowman, 229 Va. 251-52, 329 S.E.2d 15, 16 (1985). "It
lies within the commission's authority to determine the facts and
the weight of the evidence . . . ." Rose v. Red's Hitch &
Trailer Servs., Inc., 11 Va. App. 55, 60, 396 S.E.2d 392, 395
(1990). The commission considered the witnesses' testimony and
the medical records and resolved the issue of credibility against
Perfater. We will not disturb this finding on appeal. Goodyear,
5 Va. App. at 381, 363 S.E.2d at 437.
Accordingly, we affirm the commission's decision.
Affirmed.
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