Jay Jeffrey Brown v. Loudoun Co. Board of Supervis.

COURT OF APPEALS OF VIRGINIA
Present: Judges Willis, Bray and Senior Judge Hodges
Argued at Alexandria, Virginia
JAY JEFFREY BROWN
MEMORANDUM OPINION * BY
v. Record No. 2138-96-4 JUDGE WILLIAM H. HODGES
APRIL 1, 1997
LOUDOUN COUNTY BOARD OF SUPERVISORS
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
Laurie D. Waters (Jack T. Burgess &
Associates, on brief), for appellant.
Susan A. Evans (Siciliano, Ellis, Dyer &
Boccarosse, on brief), for appellee.
Jay Jeffrey Brown (claimant) contends that the Workers'
Compensation Commission erred in deciding that a notation of
"probable HTN" (hypertension) on his pre-employment physical
notes was sufficient to conclude that Code § 65.2-402(B) was
inapplicable. We hold that because claimant was not free of
hypertension at his pre-employment physical, the presumption of
Code § 65.2-402(B) was not applicable. Accordingly, we affirm
the commission's decision denying benefits.
Claimant is 6'3" tall and weighs approximately 330 pounds.
In June or July, 1989, claimant applied for a part-time position
of advanced life support specialist with Loudoun County. As part
of the application process, claimant underwent a pre-employment
physical examination. The July 13, 1989 physical examination
*
Pursuant to Code § 17-116.010 this opinion is not
designated for publication.
report reflected blood pressure readings of 162/88, 150/94,
144/104, and 144/98. In this report, Dr. John Hatala listed a
diagnosis of "probable HTN" (hypertension).
Code § 65.2-402(B) provides a rebuttable presumption that,
absent a preponderance of evidence to the contrary, a causal
connection exists between certain public service jobs and
hypertension. However, Code § 65.2-402(D) states, in part, that
the presumption that hypertension is a work-related occupational
disease applies to persons who have "undergone preemployment
physical examinations that . . . (iv) found such persons free of
. . ., hypertension, . . . at the time of such examinations."
Dr. Hatala diagnosed the claimant as having "probable"
hypertension. "A statement that a certain condition is probably
present means there is a reasonable likelihood of the condition's
existence, and this is sufficient to permit a trier of fact to
accord the statement probative weight." Cook v. City of
Waynesboro Police Dep't, 225 Va. 23, 30, 300 S.E.2d 746, 749
(1983). "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 School Bd., 7 Va. App. 398, 404, 374 S.E.2d 695, 698
(1988).
The diagnosis of "probable" hypertension at claimant's
pre-employment physical examination supports the conclusion that
claimant was not free of hypertension at the time he was hired.
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Therefore, pursuant to Code § 65.2-402(D), the presumption
afforded under Code § 65.2-402(B) is not applicable. The
commission did not err by denying claimant compensation for his
work-related hypertension claim. We affirm the commission's
decision.
Affirmed.
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