Anthony D. Briggs v. Hendricks Guttering Co

COURT OF APPEALS OF VIRGINIA
Present: Judges Benton, Coleman and Willis
ANTHONY D. BRIGGS
v. Record No. 2658-95-1 MEMORANDUM OPINION *
PER CURIAM
HENDRICKS GUTTERING COMPANY MAY 14, 1996
AND
NATIONAL GRANGE MUTUAL
INSURANCE COMPANY
FROM THE VIRGINIA WORKERS'
COMPENSATION COMMISSION
(Annette Miller; Parker, Pollard & Brown,
on brief), for appellant.
(William C. Walker; Bradford C. Jacob;
Taylor & Walker, on brief), for appellees.
Anthony D. Briggs contends that the Workers' Compensation
Commission erred in finding that he failed to prove that he
sustained a neck injury as a result of a work-related accident
which occurred on June 17, 1994. 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. R.G. Moore Bldg. Corp. v.
Mullins, 10 Va. App. 211, 212, 390 S.E.2d 788, 788 (1990).
Unless we can say as a matter of law that Briggs' evidence
sustained his burden of proof, the commission's findings are
*
Pursuant to Code § 17-116.010 this opinion is not
designated for publication.
conclusive and binding upon us. Tomko v. Michael's Plastering
Co., 210 Va. 697, 699, 173 S.E.2d 833, 835 (1970).
Briggs testified that, on June 17, 1994, while working for
Hendricks Guttering Company, he slipped on nails while walking
across a roof, causing him to fall on his side. He testified
that after the accident, his neck symptoms were so severe that he
had to leave work on June 23, 1994. However, he did not seek
medical treatment for his alleged neck injury until he went to
Sentara Hampton Hospital August 4, 1994. In the meantime, on
July 12, 1994, Briggs saw Dr. Richard B. McAdam, a physician who
was treating him for a 1993 back injury. During the July 12,
1994 office visit, Briggs did not tell Dr. McAdam about the
alleged June 17, 1994 neck injury or a work-related accident on
that date. Furthermore, Briggs told Dr. McAdam he had been fired
from his job, which was contrary to his hearing testimony that he
left work due to neck pain. Dr. McAdam referred Briggs for work
hardening for his back condition.
On August 4, 1994, Briggs told Dr. JoAnne Schmidt, a Sentara
physician, that his neck pain resolved after the accident, but
recurred several weeks prior to August 4, 1994. This assertion
was inconsistent with Briggs' testimony and was not supported by
Dr. McAdam's July 12, 1994 notes. Dr. Schmidt again referred
Briggs to Dr. McAdam, who saw him on August 15, 1994. On that
date, Dr. McAdam found no objective evidence of a neck injury.
Dr. McAdam diagnosed cervical radiculopathy based on Briggs'
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subjective complaints. However, Dr. McAdam interpreted an MRI
performed on August 17, 1994 as normal. Dr. McAdam advised
Briggs that no further work-up was necessary.
Briggs testified that Dr. McAdam referred him to Dr. T. J.
Shacochis. No evidence supports such a referral. Dr. Shacochis
examined Briggs on August 26, 1994. On that date, Briggs told
Dr. Shacochis that he had "been followed by Dr. McAdam" since a
June 20, 1994 work-related accident and that he had been out of
work since the incident. This history conflicted with the
records of Drs. McAdam and Schmidt. Moreover, Dr. Shacochis'
diagnosis, like Dr. McAdam's, was based upon Briggs' subjective
complaints rather than upon any objective findings of an injury.
Based upon the inconsistencies between his testimony and
the medical records and the inaccurate histories given by Briggs
to Drs. Schmidt and Shacochis, the commission rejected Briggs'
claim of a neck injury as a result of a June 17, 1994 work-
related accident. The commission's findings are supported by the
record and will not be disturbed on appeal. "It lies within the
commission's authority to determine the facts and the weight of
the evidence . . . ." Rose v. Red's Hitch & Trailer Serv., Inc.,
11 Va. App. 55, 60, 396 S.E.2d 392, 395 (1990). Moreover, the
commission may consider medical histories as party admissions and
for purposes of impeachment of the claimant's testimony. Pence
Nissan Oldsmobile v. Oliver, 20 Va. App. 314, 319, 456 S.E.2d
541, 544 (1995).
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Based upon the inconsistencies between Briggs' testimony and
the medical records and his failure to give accurate histories to
Drs. Schmidt and Shacochis, we cannot say as a matter of law that
Briggs' proved he sustained a neck injury as a result of a June
17, 1994 work-related accident.
Accordingly, we affirm the commission's decision.
Affirmed.
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