Opinion
Record No. 1639-92-4
April 27, 1993
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION.
Craig A. Brown (Ashcraft Gerel, on brief), for appellant.
Edward H. Grove, III (Brault, Palmer, Grove, Zimmerman, White Mims, on brief), for appellee Home Insurance Company.
(John K. Coleman; Kathryn A. K. Untiedt; Slenker, Brandt, Jennings Johnston, on brief), for appellee Maryland Casualty Company. Said appellee submitting on brief.
Present: Judges Barrow, Willis and Fitzpatrick.
Argued at Alexandria, Virginia.
Pursuant to Code § 17-116.010 this opinion is not designated for publication.
This appeal is from a denial of compensation by the Workers' Compensation Commission. The commission concluded that the employee had failed to establish that she was disabled because medical reports supporting her contention were "not persuasive." In part, this conclusion was based on the commission's determination that "no objective findings" supported her claim of injury. However, the record establishes that one of the physicians, Dr. Oscar Rodriguez, reported that when he saw the employee on September 10, 1991, less than two weeks after her second injury, he observed that she was having muscle spasms and that when he saw her on September 26, 1991, he noted her continuing muscle spasms. Thus, the commission's conclusion was based upon an incorrect factual finding.
The commission also observed that a later automobile accident in February, 1992, may have contributed to her current complaints. This accident, however, occurred after the observation of muscle spasms by the treating physician.
We are unable to conclude that these inaccurate factual findings did not affect the commission's decision. Therefore, we reverse the decision and remand the matter for further proceedings so that the commission may redetermine whether to award the employee compensation.
Reversed and remanded.