Opinion
Record No. 0952-94-3
Decided: December 6, 1994
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
Affirmed.
(Michael F. Blair; Penn, Stuart, Eskridge Jones, on brief), for appellant.
(David W. Batchelder, Jr.; Arrington, Schelin Herrell, on brief), for appellee.
Present: Judges Baker, Elder and Fitzpatrick
Pursuant to Code Sec. 17-116.010 this opinion is not designated for publication.
Island Creek Coal Company (employer) contends that the Workers' Compensation Commission (commission) erred in finding that Gilbert Cooper (claimant) was not able to return to his pre-injury work as of May 20, 1993. 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.
Upon appellate review, we construe the evidence in the light most favorable to the party prevailing below. R.G. Moore Bldg. 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 May 26, 1993 compensation progress notes of Dr. Ramon A. Motos, the treating physician, reflect that, in May 1993, claimant returned to his pre-injury work as an underground miner, but developed severe back pain and was unable to finish working. After this failed attempt to return to work, claimant sought medical treatment at the Clinch Valley Medical Center emergency room.
Dr. Motos's June 18, 1993 notes reflect that claimant again attempted to return to work on June 7, 1993. However, he was unable to continue working after two and one-half days due to increased back pain. On June 9, 1993, claimant was again seen in the Clinch Valley Medical Center emergency room.
Dr. Motos's July 14, 1993 notes reflect that claimant returned to work on June 15 and 22, 1993, and experienced an increase in back pain. Claimant was advised by Dr. Motos to remain out of work for various periods in late May and June, 1993.
On July 16, 1993, claimant was examined by Dr. Calvin J. Johnson, an orthopedist, who diagnosed piriformis syndrome and recommended epidural steroid injection. Dr. Johnson opined that claimant was totally disabled.
On August 18, 1993, Dr. Motos noted that claimant was to have returned to work on July 12, 1993, but was unable to do so because of his back pain. Dr. Motos found claimant to be totally disabled from June 21, 1993 through August 12, 1993.
The commission accepted the opinions of Drs. Motos and Johnson that claimant was unable to return to his pre-injury work. Their opinions, along with evidence of claimant's failed attempts to return to work, provide sufficient credible evidence to support the commission's findings. In its role as fact finder, the commission was entitled to reject the contrary opinions of Drs. Matthew W. Wood, Jr., and Michael W. Bible. "Questions raised by conflicting medical opinions must be decided by the commission." Penley v. Island Creek Coal Co., 8 Va. App. 310, 318, 381 S.E.2d 231, 236 (1989).
Accordingly, we affirm the commission's decision.
Affirmed.