Opinion
Record No. 0244-94-2
Decided: July 12, 1994
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
Affirmed.
(Homer C. Eliades; Eliades Eliades, on brief), for appellant.
(Mary Louise Kramer; Sands, Anderson, Marks Miller, on brief), for appellees.
Present: Judges Baker, Elder and Fitzpatrick
Pursuant to Code Sec. 17-116.010 this opinion is not designated for publication.
Jimmie H. Earls (claimant) appeals a decision of the Workers' Compensation Commission granting the application of Allied Fibers and Plastics (employer) to terminate payment of compensation, and finding that claimant was able to return to his pre-injury work as of January 15, 1993. Claimant contends that the commission erred in accepting the opinion of the treating orthopedic surgeon, Dr. Rawles, over that of Dr. Antonio, an orthopedist.
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. As the parties are familiar with the facts of the case, we recite them only as necessary to explain our decision.
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). "[I]t is fundamental that a finding of fact made by the Commission is conclusive and binding upon this court on review. 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 accepted Dr. Rawles's opinion that claimant was able to return to work as of January 15, 1993, and rejected the contrary opinion of Dr. Antonio, whose sole examination of claimant was at claimant's request. Dr. Antonio found no objective evidence of abnormalities to claimant's right hand and he offered only a general diagnosis of "[s]tatus post surgical repair of ruptured right 5th flexor tendon with residual adhesions." Moreover, where the treating physician is positive in his diagnosis, the commission is entitled to give great weight to his opinion. Pilot Freight Carriers, Inc. v. Reeves, 1 Va. App. 435, 438-39, 339 S.E.2d 570, 572 (1986). Dr. Rawles's opinions expressed in his January 15, 1993 treatment note constitute credible evidence to support the commission's decision.
Claimant's argument that the commission was collaterally estopped from relying upon Dr. Rawles's December 29, 1992 letter is without merit. The full commission specifically noted that employer's application was supported by Dr. Rawles's January 15, 1993 notes and the commission relied upon this evidence to support its decision.
For the reasons stated, we affirm the commission's decision.
Affirmed.