Beverly K. Petts v. Western State Hospital/Commonwealth of Virginia

COURT OF APPEALS OF VIRGINIA
Present: Judges Frank, Huff and Senior Judge Haley
UNPUBLISHED
BEVERLY K. PETTS
MEMORANDUM OPINION*
v. Record No. 1539-13-2 PER CURIAM
MARCH 11, 2014
WESTERN STATE HOSPITAL/
COMMONWEALTH OF VIRGINIA
FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION
(Beverly Petts, pro se, on brief).
(Kenneth T. Cuccinelli, II, Atttorney General; Wesley G. Russell, Jr.,
Deputy Attorney General; Peter R. Messitt, Senior Assistant
Attorney General; Scott John Fitzgerald, Senior Assistant Attorney
General, on brief), for appellee.
Beverly Petts (claimant) appeals from a July 29, 2013 decision of the Workers’
Compensation Commission denying her claim in which she sought to expand the scope of her
initial injuries to include her head and her entire spine. On appeal, claimant complains she was
not afforded a fair hearing before the deputy commissioner. Specifically, she appears to allege
she was not provided an opportunity to supplement the record after the hearing, that her
supplemental materials were not considered by the deputy commissioner, and that certain
evidence was not made available to her in a timely manner. She also appears to assert she
received ineffective assistance of counsel. Finally, claimant argues the commission erred by
denying her claim to expand the scope of her compensable injuries. Upon reviewing the record
and the parties’ briefs, we conclude that this appeal is without merit. Accordingly, we
summarily affirm the commission’s decision. Rule 5A:27.
*
Pursuant to Code § 17.1-413, this opinion is not designated for publication.
The full commission found claimant’s allegations “that she did not have fair
representation and that she was unjustly denied a continuance on June 27, 2012 are without
merit.” The commission noted claimant was provided the opportunity for a continuance
immediately prior to the hearing and that the hearing supplied “sufficient time for a full review
of her claims.” The commission concluded claimant was able to fully present evidence and that
the deputy commissioner “did not abuse his discretion by declining to consider additional
evidence submitted by claimant after the record closed.”
Furthermore, ample evidence in the record supports the commission’s conclusion that
claimant’s complaints were not related to her compensable injury. The commission specifically
found that there was no “opinion from a medical professional supporting causation” and
concluded “claimant failed to meet her burden of proving that she suffered any head or spine
injuries on May 7, 2009.”
“Causation of a medical condition may be proved by either direct or circumstantial
evidence, including medical evidence or ‘the testimony of a claimant.’” Farmington Country
Club v. Marshall, 47 Va. App. 15, 26, 622 S.E.2d 233, 239 (2005) (quoting Dollar Gen. Store v.
Cridlin, 22 Va. App. 171, 176, 468 S.E.2d 152, 154 (1996)). “The commission’s determination
regarding causation is a finding of fact.” Id. (citing Marcus v. Arlington County Bd. of Supers.,
15 Va. App. 544, 551, 425 S.E.2d 525, 530 (1993)). “Thus, unless we can say as a matter of law
that claimant failed to sustain her burden of proving causation, the commission’s findings are
binding and conclusive upon us.” Id. at 27, 622 S.E.2d at 239 (citing Marcus, 15 Va. App. at
551, 425 S.E.2d at 530).
We have reviewed the record and the commission’s opinion and find that this appeal is
without merit. Accordingly, we affirm for the reasons stated by the commission in its final
opinion. See Petts v. Western State Hosp., JCN VA00000089681 (July 29, 2013). We dispense
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with oral argument and summarily affirm because the facts and legal contentions are adequately
presented in the materials before the Court and argument would not aid the decisional process.
See Code § 17.1-403; Rule 5A:27.
Affirmed.
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