Virginia Electric & Power Co. v Robert H. Brice

COURT OF APPEALS OF VIRGINIA
Present: 	Judges Baker, Elder and Fitzpatrick
VIRGINIA ELECTRIC & POWER COMPANY
v. 	Record No. 2654-95-2 	MEMORANDUM OPINION*
PER CURIAM
ROBERT H. BRICE 	APRIL 30, 1996
FROM THE VIRGINIA WORKERS'
COMPENSATION COMMISSION
(Ruth Nathanson Carter; Midkiff & Hiner, on
brief), for appellant.
(Thomas J. Schilling, on brief), for
appellee.
Virginia Electric & Power Company ("employer") contends that
the Workers' Compensation Commission erred in finding that Robert
H. Brice ("claimant") proved a causal relationship between his
fibromyalgia and his compensable May 9, 1991 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). 	"The
actual determination of causation is a factual finding that will
not be disturbed on appeal if there is credible evidence to
support the finding." 	Ingersoll-Rand Co. v. Musick, 7 Va. App.
*Pursuant to Code § 17-116.010 this opinion is not
designated for publication.

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684, 688, 376 S.E.2d 814, 817 (1989). 	"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).
In finding that claimant sustained his burden of proving a
compensable change in condition, the commission found as follows:
The medical record is in conflict. 	Dr.
Willis diagnosed the claimant with
fibromyalgia "associated with his primary
symptom complex," in March of 1994. 	Dr.
Calkins likewise diagnosed fibromyalgia in
September 1994, but stated that she was not
qualified to determine whether the
fibromyalgia stemmed from the dog bite. 	Dr.
Lomeo, a rheumatologist, stated that the
claimant has a secondary fibromyalgia
syndrome from his dog attack. 	However, Dr.
Lomeo also stated that the claimant has
reflex sympathetic dystrophy which is
unsupported by the record. 	Dr. Malcolm
stated that the claimant's records do not
support a finding of RSD, and that his
fibromyalgia is unrelated to the 1991 injury.
Two of the treating doctors link the
fibromyalgia to the dog bite. 	Only Dr.
Malcolm, who has never treated the claimant,
believes that the fibromyalgia is unrelated
to the dog bite.
In its role as fact finder, the commission was entitled to
weigh the medical evidence and to accept the opinions of Drs.
Willis and Lomeo, and to reject Dr. Malcolm's opinion. 	Dr.
Malcolm performed a record review for employer and never examined
claimant. 	The opinions of Drs. Willis and Lomeo constitute
credible evidence to support the commission's decision. 	"The
existence of contrary evidence in the record is of no consequence
if there is credible evidence to support the commission's

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finding." 	Wagner Enters., Inc. v. Brooks, 12 Va. App. 890, 894,
407 S.E.2d 32, 35 (1991).
For the reasons stated, we affirm the commission's decision.
Affirmed.