Opinion
Record No. 1049-94-3
Decided: December 6, 1994
(Jonnie L. Speight; Johnson, Ayers Matthews, on brief), for appellants.
(Richard M. Thomas; Rider, Thomas, Cleaveland, Ferris Eakin, on brief), for appellee.
Present: Judges Benton, Coleman and Willis
Affirmed.
Pursuant to Code Sec. 17-116.010 this opinion is not designated for publication.
The Virginia Department of Health and its insurer (hereinafter collectively referred to as "employer") contend that the Workers' Compensation Commission erred in finding that Barbara L. Morlang proved that her temporomandibular joint syndrome ("TMJ syndrome") and associated emotional problems were causally related to her compensable January 27, 1986 industrial accident. 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 appellate review, we construe the evidence in the light most favorable to the party prevailing below. 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 support the finding." Ingersoll-Rand Co. v. Musick, 7 Va. App. 684, 688, 376 S.E.2d 814, 817 (1989). The existence of "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). "A question raised by conflicting medical opinion is a question of fact." Commonwealth v. Powell, 2 Va. App. 712, 714, 347 S.E.2d 532, 533 (1986).
The commission specifically found credible Morlang's testimony that she had suffered from facial pain since the January 27, 1986 accident and that the pain had been of such intensity and duration that it interfered with both her professional and personal life. In addition to her testimony, the medical records contain notations indicating that Morlang gave a history of suffering facial pain since the January 27, 1986 accident. Moreover, there is no evidence in the record to indicate that she suffered from facial pain before the accident. It is well settled "that the determination of a witness' credibility is within the fact finder's exclusive purview because [the fact finder] has the best opportunity to observe the appearance and demeanor of the witness." Goodyear Tire Rubber Co. v. Pierce, 5 Va. App. 374, 381, 363 S.E.2d 433, 437 (1987). We are bound by the commission's credibility finding. Id.
The commission noted that there were conflicting medical opinions as to whether Morlang's TMJ syndrome and emotional problems were caused by her January 27, 1986 compensable accident. However, the commission was persuaded by the opinion of Dr. J. Gordon Burch, the treating neurosurgeon, who testified that Morlang's cervical flexion injury with secondary vestibulopathy and TMJ syndrome were a consequence of her compensable accident. Drs. George Kevorkian, Jr., and John M. Gregg, oral surgeons, also testified that Morlang's facial symptoms were "post-traumatic" in nature and that the industrial accident was the probable cause of her TMJ syndrome. Dr. Alan M. Katz, the neuropsychologist to whom Dr. Burch referred Morlang, opined that she suffered from chronic pain syndrome with secondary symptoms of generalized anxiety disorder. Dr. Katz related these problems to Morlang's compensable industrial accident.
The commission rejected the contrary opinion of Dr. John S. Repass, D.D.S., who examined Morlang on one occasion and conducted a review of her medical records at the request of employer. Dr. Repass agreed that Morlang suffered from TMJ syndrome, however he opined that this condition resulted from long-term muscle hyperactivity, specifically the clenching of Morlang's upper and lower teeth. Dr. Repass opined that Morlang's TMJ syndrome was the result of various stressors in her life, and was not the result of the compensable industrial accident.
The commission did not err in accepting the opinions of Drs. Burch, Katz, Kevorkian, and Gregg regarding causation and rejecting the contrary opinion of Dr. Repass. In cases of conflicting medical evidence, "[t]he general rule is that when an attending physician is positive in his diagnosis . . ., great weight will be given by the courts to his opinion." Pilot Freight Carriers, Inc. v. Reeves, 1 Va. App. 435, 439, 339 S.E.2d 570, 572 (1986). The opinions of Drs. Burch, Katz, Kevorkian, and Gregg constitute credible evidence and are sufficient to support the commission's decision.
For the reasons stated, we affirm the commission's decision.
Affirmed.