Opinion
Record No. 1029-92-1
December 15, 1992
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION.
(Sidney H. Kelsey, Jr., on brief), for appellant.
(Daniel R. Lahne; Knight, Dudley, Dezern Clarke, on brief), for appellees.
Present: Judges Baker, Elder and Fitzpatrick.
Pursuant to Code § 17-116.010 this opinion is not designated publication.
Upon reviewing the record and the briefs of the parties, we conclude that this appeal is without merit. Accordingly, we affirm the decision of the Workers' Compensation Commission. Rule 5A:27.
On appellate review, we will 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). "The Commission's findings of fact are binding on appeal where supported by credible evidence." Board of Supervisors v. Martin, 3 Va. App. 139, 146, 348 S.E.2d 540, 543 (1986).
Linda K. Godley injured her back in a compensable industrial accident on July 11, 1986. The sole issue on this appeal is whether Godley's admission to and treatment at Tidewater Psychiatric Institute ("TPI") from December 21, 1989 to January 4, 1990 was causally related to her industrial accident of July 11, 1986.
"To be compensable . . ., a purely psychological injury must be causally related to a physical injury or be causally related to an obvious sudden shock or fright arising in the course of employment." Chesterfield County v. Dunn, 9 Va. App. 475, 477, 389 S.E.2d 180, 182 (1990) (citation omitted).
Here, the commission found that Godley's admission and treatment at TPI from December 21, 1989 to January 4, 1990 was caused by marital conflict and transportation problems, and therefore held that the employer was not responsible for the cost of this admission. We find that there is credible evidence in the record to support the commission's finding.
The record reveals that Godley was initially admitted to TPI from November 15, 1989 through December 19, 1989. The commission found that this first admission "resulted at least in part from the effects of her occupational injury, namely the chronic and severe pain she continued to suffer therefrom." This finding was not appealed.
Upon her discharge from TPI on December 19, 1989, Godley denied any depression or suicidal ideations and had made progress in coping with her low back pain.
After her discharge Godley returned home to live with her husband. Within forty-eight hours, Godley contacted her psychiatrist, Dr. Raymond Iglecia, due to a severe conflict between Godley and her husband. During this call, Godley expressed fear towards her husband and his refusal to provide her transportation. She was then readmitted to TPI.
In a de bene esse deposition of Godley, made a part of the record, she testified that during the couple of days between her admissions to TPI her husband verbally and physically abused her. Upon Godley's second admission to TPI, a social worker noted that Godley was unable to tolerate the stressful situation at home, and that her husband had not been supportive, and had in fact, verbally abused her. It was noted by the social worker that Godley needed to find alternative living arrangements or obtain a restraining order against her husband.
Dr. Iglecia testified at the hearing that when Godley was admitted for the second time to TPI she was extremely depressed and feeling hopeless. He stated that it was around the holidays and that Godley had gone home to marital problems which worsened. He testified that Godley felt very afraid of her husband. Thus, Dr. Iglecia admitted her to TPI again, primarily due to the marital problems. Dr. Iglecia agreed that Godley's second admission was not due to an addiction to pain medication, as the first admission had been.
The commission was free to accept the deposition testimony of Godley, Dr. Iglecia's hearing testimony, and TPI's medical records to find that Godley's second admission was not causally related to the accident of July 11, 1986. "The fact that there is contrary evidence in the record is of no consequence if there is credible evidence to support the commission's finding." Wagner Enters., Inc. v. Brooks, 12 Va. App. 890, 894, 407 S.E.2d 32, 35 (1991). It is noted that the commission properly discounted Dr. Iglecia's testimony and narrative report that the second admission was based, in part, on complaints of increasing and continuing back pain. The record reveals that reports of interviews of Godley upon her admission on December 21, 1989, do not support such a conclusion.
The credible evidence, summarized above, supports the commission's finding that Godley's admission to TPI from December 21, 1989 to January 4, 1990 was not causally related to her industrial accident of July 11, 1986. Therefore, we affirm the commission's decision.
Affirmed.