City of Virginia Beach School Bd v. Obed Chappell

COURT OF APPEALS OF VIRGINIA
Present: Judges Benton, Coleman and Willis
CITY OF VIRGINIA BEACH SCHOOL BOARD
MEMORANDUM OPINION *
v. Record No. 3048-97-1 PER CURIAM
JUNE 2, 1998
OBED FLOYD CHAPPELL
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
(George J. Dancigers; Patrick M. Mayette;
Heilig, McKenry, Fraim & Lollar, on briefs),
for appellant.
(John H. Klein; Rutter & Montagna, on brief),
for appellee.
City of Virginia Beach School Board ("employer") contends
that the Workers' Compensation Commission erred in finding that
Obed Floyd Chappell proved that his right knee condition and
disability commencing January 4, 1997 were causally related to
his December 22, 1995 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. See Rule 5A:27.
"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. 684, 688, 376 S.E.2d 814, 817 (1989). "Questions
raised by conflicting medical opinions must be decided by the
*
Pursuant to Code § 17-116.010 this opinion is not
designated for publication.
commission." Penley v. Island Creek Coal Co., 8 Va. App. 310,
318, 381 S.E.2d 231, 236 (1989). On appeal, we view the evidence
in the light most favorable to the prevailing party below. See
R.G. Moore Bldg. Corp. v. Mullins, 10 Va. App. 211, 212, 390
S.E.2d 788, 788 (1990).
On December 22, 1995, Chappell injured his right knee while
working for employer as a construction inspector. Chappell had
no history of right knee problems before December 22, 1995.
After treating with several physicians, Chappell began
treating with Dr. Arthur Wardell, an orthopedic surgeon, on
November 7, 1996. Dr. Wardell reviewed the medical records of
Chappell's prior treating physicians and a May 21, 1996 MRI. As
a result of that review and his examination of Chappell, Dr.
Wardell opined that Chappell suffered from traumatic synovitis in
his right knee and an internal tear of the medial meniscus which
were caused by Chappell's December 22, 1995 work-related
accident.
When Chappell's knee pain worsened, Dr. Wardell performed an
arthroscopic medial meniscus repair on Chappell's right knee on
February 18, 1997. Dr. Wardell opined that Chappell's worsening
knee pain indicated that the internal tear had broken through the
surface of the medial meniscus. Upon his consideration of
Chappell's history, the objective and subjective findings
reported by Chappell's prior treating physicians, and the May 21,
1996 MRI, Dr. Wardell related Chappell's injury to the December
- 2 -
22, 1995 work-related accident. Dr. Wardell noted that the tear
he observed during the February 18, 1997 arthroscopy was in the
same location revealed on the May 21, 1996 MRI and was consistent
with Chappell's reported symptoms.
In finding that Chappell sustained his burden of proving
that his right knee condition and disability commencing January
4, 1997 were causally related to his December 22, 1995 injury by
accident, the commission found as follows:
[W]e . . . give greater weight to the opinion
and conclusions of Dr. Wardell, whose medical
reports and testimony we find more reliable
in this case. Like the Deputy Commissioner,
we reject Dr. [Sheldon L.] Cohn's conclusion
on October 24, 1996 that this was somehow a
personal injury unrelated to his work
accident, or his finding that [Chappell] had
somehow recovered from his knee injury, even
as he reported "anterior knee pain which
appears to be patellofemoral syndrome." We
note that there is nothing in the record to
show a prior medical history of knee injury,
and Chappell was until the acknowledged
accident on December 22, 1995 able to perform
his regular work. The medical records show
persistent knee problems since that accident,
and the medial meniscus tear was diagnosed as
early as February 9, 1996 and manifest on the
MRI study of May 21, 1996.
"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, 214 (1991). In its role as fact finder, the
commission was entitled to weigh the medical evidence, to accept
Dr. Wardell's opinions, and to reject any contrary medical
opinions. Dr. Wardell's medical reports and opinions constitute
- 3 -
credible evidence to support the commission's decision. "The
fact that there is contrary evidence in the record is of no
consequence if there is credible evidence to support the
commission's finding." 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.
- 4 -