Opinion
Record No. 0824-92-4
April 6, 1993
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION.
Cathie W. Howard (William B. Pierce, Jr.; Williams, Butler Pierce, on brief), for appellants.
Raul J. Romero, III (Burgess Trapeni, P.C., on brief), for appellee.
Present: Chief Judge Koontz, Judges Barrow and Moon.
Argued at Alexandria, Virginia.
Pursuant to Code § 17-116.010 this opinion is not designated for publication.
Johnson Drywall Construction, Inc. and American Reliance Casualty Company (together referred to as "employer") appeal from a decision of the Workers' Compensation Commission (commission) awarding compensation benefits to Douglas A. Salguero. Employer contends on appeal that credible evidence does not support the commission's finding that Salguero established a causal connection between his infectious disease, septicemia, and his January 20, 1991 industrial accident. Finding that credible evidence supports the commission's finding, we affirm the award.
"The commission's findings of fact are conclusive and binding on us when there is credible evidence in support of such findings. Whether a disease is causally related to the employment . . . is such a finding of fact." Island Creek Coal Co. v. Breeding, 6 Va. App. 1, 12, 365 S.E.2d 782, 788 (1988) (citations omitted). Here, the commission found:
[Although] neither physician could express an unequivocal opinion regarding causation, we find from the various opinions expressed in their depositions and medical reports that the claimant's septicemia was either aggravated by the fall, if it preexisted the fall, or otherwise was caused by injuries sustained in the fall. . . . If the septicemia preexisted the fall, it was asymptomatic. If the fall then aggravated the preexisting condition and caused it to become symptomatic, any resulting disability is compensable. If, on the other hand, the septicemia followed the fall and was caused by injuries sustained in the fall, it is equally compensable.
These findings are supported by credible medical evidence.
Dr. Alivisatos, an infectious disease specialist, stated that the medical tests indicated Salguero was suffering from an infectious process localized in his left sacroiliac joint that appeared to be post-traumatic. She initially concluded that Salguero was suffering from septicemia secondary to some type of inflammatory process in the area of his left sacroiliac joint. Accordingly to Dr. Alivisatos, the trauma to the sacroiliac joint could cause septicemia or re-activate septicemia. She further stated that it is more probable than not that Salguero's condition, subsequent treatment and resulting disability were related to this trauma. Dr. Alivisatos concluded that the work-related injury probably aggravated, exacerbated or re-activated the septicemia.
Contrary to employer's contention, Dr. Alivisatos' opinion constitutes credible medical evidence. See Westmoreland Coal Co. v. Campbell, 7 Va. App. 217, 224, 372 S.E.2d 411, 416 (1988) (medical evidence must show "that it is at least more probable than not" that the disease resulted from the industrial accident). Accordingly, the commission's decision is affirmed.
Affirmed.