National Center, etc. v. Charlotte A. Webster ( 1996 )

COURT OF APPEALS OF VIRGINIA
Present: Judges Benton, Coleman and Willis
NATIONAL CENTER FOR STATE COURTS
AND
CHUBB GROUP OF INSURANCE COMPANIES MEMORANDUM OPINION *
PER CURIAM
v. Record No. 2028-96-1 DECEMBER 17, 1996
CHARLOTTE ANN WESTOVER
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
(Frank R. Kearney; Jeffrey R. Dion; Mell,
Brownell & Baker, on brief), for appellants.
(Byron A. Adams, on brief), for appellee.
National Center for State Courts and its insurer
(hereinafter collectively referred to as "employer") appeal a
decision of the Workers' Compensation Commission awarding
benefits to Charlotte Westover. Employer contends that the
commission erred in finding that Westover proved that her neck
symptoms were causally related to her compensable December 16,
1993 injury by accident. Finding no error, we affirm.
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
support the finding." Ingersoll-Rand Co. v. Musick, 7 Va. App.
*
Pursuant to Code § 17-116.010 this opinion is not
designated for publication.
684, 688, 376 S.E.2d 814, 817 (1989).
Claimant testified that her shoulder ached and became
spasmatic, which in turn caused a burning pain across her
shoulder bone to the base of her neck on the right side. In
holding that claimant proved her neck symptoms were causally
related to her December 16, 1993 work-related shoulder injury,
the commission found as follows:
The medical records show that the
claimant first sought treatment on
February 8, 1994, for right shoulder
problems. When Dr. Greene examined the
claimant on February 16, 1994, he noted
that she suffered from right trapezius
muscle spasm. The physical therapist's
March 18, 1994, letter to Dr. Greene stated
that the "Treatment is presently consisting
of moist heat and ultrasound to her right
cervical spine and shoulder." The history of
trapezius muscle symptoms manifesting in
cervical pain is well-documented throughout
the claimant's course of treatment with both
Dr. Greene and Dr. Moore. We believe it is
reasonable to infer that the pain resulting
from the right trapezius muscle spasm and the
treatment necessitated thereby were causally
related to the claimant's compensable injury.
Claimant's testimony and the medical records provided
credible evidence from which the commission could infer that
claimant's shoulder injury caused referred pain symptoms in her
neck. "Where reasonable inferences may be drawn from the
evidence in support of the commission's factual findings, they
will not be disturbed by this Court on appeal." Hawks v. Henrico
County Sch. Bd., 7 Va. App. 398, 404, 374 S.E.2d 695, 698 (1988).
Moreover, in light of claimant's testimony and the medical
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records, the commission was entitled to give little weight to Dr.
Moore's October 4, 1995 opinion. "Medical evidence is not
necessarily conclusive, but is subject to the commission's
consideration and weighing." Hungerford Mechanical Corp. v.
Hobson, 11 Va. App. 675, 677, 401 S.E.2d 213, 215 (1991). "In
determining whether credible evidence exists, the appellate court
does not retry the facts, reweigh the preponderance of the
evidence, or make its own determination of the credibility of the
witnesses." Wagner Enters., Inc. v. Brooks, 12 Va. App. 890,
894, 407 S.E.2d 32, 35 (1991).
For these reasons, we affirm the commission's decision.
Affirmed.
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