District Home v. Dana

Full title: DISTRICT HOME FOR THE COUNTIES AND PHICO INSURANCE CO. v. IDA M. DANA

Court: Court of Appeals of Virginia. Alexandria

Date published: Jun 29, 1993

Record No. 2349-92-4 (Va. Ct. App. Jun. 29, 1993)

Opinion

Record No. 2349-92-4

June 29, 1993

FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION.

Elaina L. Holmes (John D. McGavin; Lewis, Trichilo, Bancroft McGavin, on brief), for appellants.

(Ida Mae Dana, on brief). Appellee submitting on brief.

Present: Chief Judge Moon,^_ Coleman and Willis.

_ On May 1, 1993, Judge Moon succeeded Judge Koontz as chief judge.

Argued at Alexandria, Virginia.

MEMORANDUM OPINION^__

__ Pursuant to Code § 17-116.010 this opinion is not designated for publication.

CHIEF JUDGE NORMAN K. MOON.

We reverse the commission's finding of October 26, 1992, that treatment for claimant's cervical condition is the responsibility of the employer and its carrier. No credible evidence established that the cervical condition resulted more than "possibly" from the industrial injury. Proof that an injury only possibly resulted from an industrial accident is insufficient evidence upon which to base an award. See Southall v. Eldridge Reams, Inc., 198 Va. 545, 95 S.E.2d 145 (1956).

The finding of fact relating the shoulder injury to the industrial accident is affirmed because credible evidence supports such a finding.

Whether the full commission should have considered post-hearing evidence regarding the removal of a cervical implant is moot. Appellants have agreed to pay for the removal of the cervical implant if and when the removal is performed.

Accordingly, the award appealed is affirmed in part, reversed in part and remanded.

Affirmed in part, reversed in part and remanded.