Anita A. Miller v. Fairfax Co. School Board ( 1997 )

COURT OF APPEALS OF VIRGINIA
Present: Chief Judge Fitzpatrick, Judges Baker and Elder
ANITA A. MILLER
MEMORANDUM OPINION *
v. Record No. 1571-97-4 PER CURIAM
DECEMBER 9, 1997
FAIRFAX COUNTY SCHOOL BOARD
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
(Stephen T. Conrad; Curran & Whittington, on
brief), for appellant.
(Michael N. Salveson; Hunton & Williams, on
brief), for appellee.
Anita A. Miller (claimant) contends that the Workers'
Compensation Commission erred in finding that she failed to prove
that her January 25, 1994 compensable injury by accident caused a
material aggravation of her lower back condition resulting in
disability from January 25, 1994 through September 13, 1996.
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).
Unless we can say as a matter of law that claimant's evidence
sustained her burden of proof, the commission's findings are
binding and conclusive upon us. See Tomko v. Michael's
*
Pursuant to Code § 17-116.010 this opinion is not
designated for publication.
Plastering Co., 210 Va. 697, 699, 173 S.E.2d 833, 835 (1970).
In denying claimant's application, the commission found as
follows:
After careful Review of the entire
medical record, we find that Dr. [H. Edward]
Lane's opinion is based on a significantly
incomplete history and inaccurate information
regarding the severity of the claimant's
complaints prior to the January, 1994,
accident. We therefore do not afford
significant weight to his opinion. Moreover,
Dr. Lane defers to Dr. [Robert M.] Gorsen,
who relates the claimant's back condition
solely to the November, 1992, motor vehicle
accident. We conclude that the greater
weight of the evidence establishes an ongoing
back condition which was not materially
aggravated by the January 25, 1994, slip and
fall.
In its role as fact finder, the commission was entitled to
weigh the medical evidence, accept the opinion of Dr. Gorsen, and
reject the contrary opinion of Dr. Lane. "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). Dr. Lane based his opinion concerning causation
upon an inaccurate and incomplete medical history. Where a
medical opinion is based upon an incomplete or inaccurate medical
history, the commission is entitled to conclude that the opinion
is of little probative value. See Clinchfield Coal Co. v.
Bowman, 229 Va. 249, 251-52, 329 S.E.2d 15, 16 (1985).
Absent Dr. Lane's opinion, no medical evidence established
that claimant's January 25, 1994 compensable slip and fall caused
a material aggravation of her pre-existing back condition
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resulting in disability from January 25, 1994 through September
13, 1996. Accordingly, we cannot find as a matter of law that
claimant's evidence sustained her burden of proof.
For these reasons, we affirm the commission's decision.
Affirmed.
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