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