Martin Marietta Corp. v. Mary Joan Harris ( 1998 )

COURT OF APPEALS OF VIRGINIA
Present: Judges Benton, Coleman and Willis
MARTIN MARIETTA CORPORATION
AND
CIGNA COMPANIES
MEMORANDUM OPINION *
v. Record No. 1271-98-4 PER CURIAM
OCTOBER 6, 1998
MARY JOAN HARRIS
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
(Douglas A. Seymour; The MacLaughlin Law
Firm, on brief), for appellants.
(Diane C.H. McNamara, on brief), for
appellee.
Martin Marietta Corporation and its insurer (hereinafter
referred to as "employer") contend that the Workers' Compensation
Commission ("commission") erred in finding that Mary Joan
Harris's February 28, 1997 back surgery and resulting disability
were causally related to her February 2, 1995 compensable injury
by accident. Upon reviewing the record and the briefs of the
parties, we find that this appeal is without merit. Accordingly,
we summarily affirm the commission's decision. See 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). "The
actual determination of causation is a factual finding that will
not be disturbed on appeal if there is credible evidence to
*
Pursuant to Code § 17-116.010 this opinion is not
designated for publication.
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 commission."
Penley v. Island Creek Coal Co., 8 Va. App. 310, 318, 381 S.E.2d
231, 236 (1989).
In finding that Harris sustained her burden of proving that
her work incapacity and the necessity for her February 1997
surgery were causally related to her compensable February 2, 1995
injury by accident, the commission found as follows:
[T]he medical records are uniform that prior
to the February 2, 1995, injury Harris
suffered from the congenital anomaly
spondylolisthesis. The records also reflect
that after this incident in which Harris'
spondylolisthesis was aggravated, she
suffered pain, loss of work and eventually
the need for surgery. The employer argues
that because Harris did not suffer a disc
herniation in the injury, the surgery for the
spondylolisthesis was solely necessitated by
this pre-existing condition. We disagree,
finding that Harris' pre-existing
spondylolisthesis had been asymptomatic
requiring neither medical treatment nor lost
time from work prior to the aggravation which
occurred as a result of the February 2, 1995,
injury. We find Drs. [Charles J.] Azzam,
[Corbin G.] Eissler, [Chris C.] Haller, and
[Michael D.] Medlock's opinions to be most
convincing.
"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
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the opinions of Drs. Azzam, Eissler, Haller, and Medlock, and to
reject the contrary opinion of Dr. Marriott C. Johnson, Jr., who
performed an independent medical examination of claimant at
employer's request. The opinions of Drs. Azzam, Eissler, Haller,
and Medlock constitute 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.
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