Stephen Slota v. Eastern Airlines

COURT OF APPEALS OF VIRGINIA
Present: Judges Benton, Coleman and Willis
STEPHEN SLOTA
v. Record No. 0048-97-4 MEMORANDUM OPINION *
PER CURIAM
EASTERN AIRLINES MAY 27, 1997
AND
TRAVELERS INDEMNITY COMPANY
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
(Stephen Slota, pro se, on brief).
(Susan A. Evans; Siciliano, Ellis, Dyer &
Boccarosse, on brief), for appellees.
Stephen Slota sustained a compensable injury to his left
middle finger. He contends that the Workers' Compensation
Commission erred in finding that Eastern Airlines was not
responsible for forty additional acupuncture treatments to his
finger. 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. See R.G. Moore Bldg. Corp. v.
Mullins, 10 Va. App. 211, 212, 390 S.E.2d 788, 788 (1990).
"Whether the employer is responsible for medical expenses . . .
depends upon: (1) whether the medical service was causally
related to the industrial injury; (2) whether such other medical
*
Pursuant to Code § 17-116.010 this opinion is not
designated for publication.
attention was necessary; and (3) whether the treating physician
made a referral . . . [of] the patient." Volvo White Truck Corp.
v. Hedge, 1 Va. App. 195, 199, 336 S.E.2d 903, 906 (1985).
Unless we can say as a matter of law that Slota's evidence
sustained his burden of proving that the forty additional
acupuncture treatments constituted reasonable, necessary, and
causally-related medical treatment, the commission's findings are
binding and conclusive upon us. See Tomko v. Michael's
Plastering Co., 210 Va. 697, 699, 173 S.E.2d 833, 835 (1970).
In refusing to hold employer responsible for providing Slota
with an additional forty acupuncture treatments, the commission
made the following findings:
In February 1996, Dr. [Kenneth W.]
Eckmann approved a two month trial of
acupuncture therapy. On March 11, 1996,
the claimant commenced acupuncture under
the care of Yeh Chong Chan, O.M.D.C.A.
After forty treatments, the claimant
experienced some relief. Mr. Chan
recommended that the claimant should
continue with the acupuncture, since he was
experiencing some relief after fifteen
years of severe pain, and in such difficult
cases, there should be a minimum of eighty
treatments to see significant improvement.
Dr. Eckmann declined to approve the
additional treatments because Mr. Chan
"cannot give me a very good idea of what
maximum benefit might be nor how long it
would last."
As fact finder, the commission was entitled to accept Dr.
Eckmann's opinion that no evidence showed that the additional
acupuncture treatments were either reasonable or necessary to the
treatment of Slota's compensable finger injury. As the treating
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physician, Dr. Eckmann's opinion was entitled to be given great
weight by the commission. See Pilot Freight Carriers, Inc. v.
Reeves, 1 Va. App. 435, 439, 339 S.E.2d 570, 572 (1986).
Because Slota's evidence did not prove as a matter of law
that the additional forty acupuncture treatments were reasonable
and necessary medical treatment for his compensable finger
injury, the commission's findings are binding and conclusive upon
us. Accordingly, we affirm the commission's decision.
Affirmed.
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