Opinion
Record No. 1528-92-4
April 27, 1993
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION.
Douglas A. Seymour (Law Offices of Theresa E. Cummins, on brief), for appellants.
Kenneth D. Bynum (Koonz, McKenney, Johnson DePaolis, on brief), for appellee.
Present: Judges Barrow, Willis and Fitzpatrick.
Argued at Alexandria, Virginia.
Pursuant to Code § 17-116.010 this opinion is not designated for publication.
This appeal is from a Workers' Compensation Commission decision awarding the employee compensation for temporary total disability rather than partial disability. Credible evidence supports the commission's decision that (1) the medical records established that employee's symptoms continued after November 25, 1991, (2) the employee continued to use wrist splints and to receive physical therapy after that date, and (3) when the employee attempted to return to work for five weeks beginning August 29, 1991, his wrist symptoms increased substantially. The commission was not persuaded by the doctor's release for the employee to return to light duty work because the release was prospective in nature. This Court is bound by these findings of fact. See Code § 65.2-706; Goodyear Tire Rubber Co. v. Watson, 219 Va. 830, 833, 552 S.E.2d 310, 312 (1979); Jules Hairstylists, 219 Va. 830, 833, 552 S.E.2d 310, 312 (1979); Jules Hairstylists, Inc. v. Galanes, 1 Va. App. 64, 68, 334 S.E.2d 592, 595 (1985). Accordingly, the decision of the commission is affirmed.
Affirmed.