ECPI Computer Inst.,etal. v Carmen A. Thompson, et

COURT OF APPEALS OF VIRGINIA
Present: 	Judges Elder, Bumgardner and Lemons
ECPI COMPUTER INSTITUTE AND GRAPHIC
ARTS MUTUAL INSURANCE COMPANY MEMORANDUM OPINION*
v. 	Record No. 0837-98-3 	PER CURIAM
SEPTEMBER 22, 1998
CARMEN ANNE THOMPSON AND AETNA
CASUALTY AND SURETY COMPANY
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
(Joshua M. Wulf; Scott C. Ford; Midkiff &
Hiner, on brief), for appellants.
(Richard M. Thomas; Rider, Thomas,
Cleaveland, Ferris & Eakin, on brief), for
appellee Carmen Ann Thompson.
(Dale W. Webb; Monica L. Taylor; Gentry,
Locke, Rakes & Moore, on brief), for appellee
Aetna Casualty and Surety Company.
ECPI Computer Institute and its insurer, Graphic Arts Mutual
Insurance Company, contend that the Workers' Compensation
Commission ("commission") erred in finding that Carmen Anne
Thompson ("claimant") proved that her need for dental implants
and her temporomandibular joint dysfunction ("TMJ") problems were
causally related to her June 11, 1994 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. 	See Rule 5A:27.
On appeal, we view the evidence in the light most favorable
*Pursuant to Code § 17-116.010 this opinion is not
designated for publication.

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to the prevailing party below. 	See 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.
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 proved a causal connection between
her June 11, 1994 injury by accident and her need for dental
implants and her TMJ problems, the commission found as follows:
It is the opinion of Dr. [John] Repass that
the claimant's TMJ symptoms "[a]re the
results of the direct blow to the face and
jaws in the fall on 6-11-94." 	Dr.
[Monroe E.] Harris[, Jr.] found "[a]bsolutely
no cause and effect relationship between the
accident in June of 1994 and the need for
dental implants." 	He believes this treatment
relates back to the [1993] motor vehicle
accident. 	Dr. Harris believes the claimant's
TMJ problem was caused by the first accident
and aggravated by the second accident.
We believe the Deputy Commissioner
properly considered these opinions together
with the claimant's testimony in concluding
that the [June 11, 1994] accident caused her
problems. 	The Deputy Commissioner gave less
evidentiary weight to Dr. Harris's opinion
because Dr. Repass examined the claimant and
Dr. Harris only reviewed her records. 	He
also gave considerable evidentiary weight to
the "compelling testimony" of the claimant
that she did reasonably well after the first
accident, returned to work and that her
problems "really began" after the second
accident. 	His finding that the June 1994
accident was an independent intervening event

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and the cause of the claimant's problems is
supported by the record.
"Medical evidence is not necessarily conclusive, but is
subject to the commission's consideration and weighing."
Hungerford Mechanical Corp. v. Hobson, 11 Va. App. 675, 677, 401
S.E.2d 213, 214 (1991). 	In its role as fact finder, the
commission was entitled to weigh the medical evidence, to accept
Dr. Repass's opinions, and to reject Dr. Harris's contrary
opinions. 	Dr. Repass's opinions and claimant's testimony
constitute credible evidence to support the commission's decision
that her need for dental implants and her TMJ problems were
causally related to the June 11, 1994 injury by accident. 	See
Dollar General Store v. Cridlin, 22 Va. App. 171, 176, 468 S.E.2d
152, 154 (1996) ("The testimony of a claimant may also be
considered in determining causation . . . ."). 	Moreover, "[t]he
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).
For these reasons, we affirm the commission's decision.
Affirmed.