Hilda D. Pillow v Service America Corp., et al.

COURT OF APPEALS OF VIRGINIA
Present: 	Judges Benton, Coleman and Willis
HILDA D. PILLOW
v. 	Record No. 2901-95-1 	MEMORANDUM OPINION*
PER CURIAM
SERVICE AMERICA CORPORATION 	MAY 14, 1996
AND
EMPLOYER'S INSURANCE OF WAUSAU
FROM THE VIRGINIA WORKERS'
COMPENSATION COMMISSION
(Hilda D. Pillow, pro se, on brief).
(J. Brian Jackson; Patricia C. Karppi;
McGuire, Woods, Battle & Boothe, on brief),
for appellees.
Hilda D. Pillow contends that the Workers' Compensation
Commission erred in finding that she failed to prove that her
back symptoms and disability after March 1991 were causally
related to her compensable April 24, 1990 injury by accident.
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.
On appeal, we view the evidence in the light most favorable
to the prevailing party below. 	R.G. Moore Bldg. Corp. v.
Mullins, 10 Va. App. 211, 212, 390 S.E.2d 788, 788 (1990).
Unless we can say as a matter of law that Pillow's evidence
sustained her burden of proving causation, the commission's
*Pursuant to Code § 17-116.010 this opinion is not
designated for publication.

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findings are binding and conclusive upon us. 	Tomko v. Michael's
Plastering Co., 210 Va. 697, 699, 173 S.E.2d 833, 835 (1970).
Pillow claimed that she suffered an injury by accident on
April 24, 1990, and sought temporary total disability benefits
for the period July 9, 1990 through October 1, 1990, and medical
benefits. 	The commission denied Pillow compensation after
September 14, 1990 on the ground that she failed to prove that
her back symptoms and disability occurring after that date were
causally related to her compensable injury by accident. 	In so
ruling, the commission made the following factual findings:
On April 24, 1990, [Pillow] slipped and fell,
injuring her right foot and lower back. 	She
was taken to the emergency room, where she
was diagnosed with a lumbar sprain. 	She came
under the care of Dr. Joseph W. May, M.D.,
who admitted her to the hospital from July 9,
1990 to July 12, 1990. 	She was discharged
with a diagnosis of lumbar strain with
sciatica, and excused from work for two more
weeks. 	She was hospitalized again on July
26, 1990, for persistent pain, and treated
conservatively with bed rest, heat, traction
and medications. 	On September 14, 1990, Dr.
May released [Pillow] to return to work.
[Pillow] was evaluated by Drs.
Schildwachter, Punyanitya, Whitehill, and
Lee, for continued pain. 	After tests
revealed no neurological or operable
deficits, it was recommended that [Pillow]
continue physical therapy and medications.
On March 20, 1991, Dr. May wrote that he
could find "no observable cause" for
[Pillow's] pain.
[Pillow] was injured in automobile
accidents on July 3, 1991, and March 23,
1992. . . . 	[N]one of the doctors consulted
by [Pillow] after March of 1991, relate[d]
[her] back symptoms or disability to her
compensable accident.

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These factual findings are consistent with the medical
records of Drs. May, Moga, Schildwachter, Whitehill, Jane, and
Lee and support the commission's decision. 	In its role as fact
finder, the commission was entitled to give little weight to Dr.
Di Benedetto's medical records and opinions. 	Dr. Di Benedetto's
opinion was based upon an EMG performed on August 21, 1991,
following Pillow's July 3, 1991 automobile accident. 	An EMG
performed in March 1991, prior to the July 3, 1991 automobile
accident, was normal.
Based upon this record, we cannot find as a matter of law
that Pillow satisfied her burden of proving that her lower back
symptoms and disability after September 14, 1990 were causally
related to her compensable April 24, 1990 injury by accident.
Accordingly, we affirm the commission's denial of compensation
benefits after September 14, 1990 and award of medical payments
as specified.
Affirmed.