Opinion
Record No. 1633-92-3
April 13, 1993
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION.
(James A. L. Daniel; Martha White Medley; Daniel, Vaughan, Medley Smitherman, P.C., on brief), for appellants.
(Stephen G. Bass; Carter, Craig, Bass, Blair Kushner, P.C., on brief), for appellee.
Panel: Chief Judge Koontz, Judges Coleman and Bray.
Pursuant to Code § 17-116.010 this opinion is not designated for publication.
Goodyear Tire Rubber Company and Travelers Indemnity Company of Illinois (collectively "employer") appeal a decision of the Workers' Compensation Commission (commission) that awarded disability benefits to Hubert Benjamin Taylor (claimant). Employer contends that claimant failed to prove an injury by accident and that the commission erroneously awarded payment for unauthorized medical treatment. Upon a review of the record and the briefs of the parties, we conclude that the appeal is without merit and affirm the decision of the commission.See Rule 5A:27.
The parties are fully conversant with the record and this memorandum opinion recites only those facts necessary to a disposition of the issues before the Court.
On appellate review, we must construe the evidence in the light most favorable to the party prevailing below. Crisp v. Brown's Tysons Corner Dodge, Inc., 1 Va. App. 503, 504, 339 S.E.2d 916, 916 (1986). Factual findings by the commission that are supported by credible evidence are conclusive and binding upon this Court on appeal. Rose v. Red's Hitch Trailer Servs., Inc., 11 Va. App. 55, 60, 396 S.E.2d 392, 395 (1990);Commonwealth v. Powell, 2 Va. App. 712, 714, 347 S.E.2d 532, 533 (1986). The determination of causation is a question of fact.Ingersoll-Rand Co. v. Musick, 7 Va. App. 684, 688, 376 S.E.2d 814, 817 (1989).
The record discloses that on January 16, 1991, claimant, a "band builder," "snatched" a "band," a component of a tire, "off the machine" and "felt something pull . . . under [his] thumb." Thereafter, claimant experienced continuing difficulties with his thumb until Dr. James Dunstan, an orthopedic surgeon, performed surgery in September, 1991, after which claimant returned to "regular work." Dr. Dunstan reported correction of a "trigger digit," a condition that he described as "work related."
The commission found "not one iota of evidence that [claimant] sustained an injury to his thumb anywhere except at work" and concluded that "the cause of his work incapacity" was a compensable "injury . . . by accident." This determination is supported by credible evidence and is conclusive and binding upon us.
When the employer refused to accept the claim as compensable, claimant was free to choose a treating physician. Goodyear Tire Rubber Co. v. Pierce, 9 Va. App. 120, 128-29, 384 S.E.2d 333, 338 (1989). He selected Dr. William Lorimer, his family physician, who referred him to Dr. Dunstan. Although claimant was initially examined by Dr. Mark C. Hermann, he testified that Hermann "told" him there was "no need in coming back," and the commission was "not convinced" that claimant understood differently. Hence, the commission's conclusion that Dr. Hermann was not claimant's "choice of a treating physician" is also supported by credible evidence.
Accordingly, the decision of the commission is affirmed.
Affirmed.