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Snyder General Corp. v. Fridley12/12/2000
part of the posterior pelvis and near the SI joint, the pain is coming from the superior gluteal neuralgia, not from a source in the SI joint.
In conclusion, Ms. Fridley has been a patient in my practice for several years. She continues to work 40+ hours per week in a medium to heavy duty job despite having chronic neuralgia from her work related accident in 1990.
Based on this evidence, the deputy commissioner denied Fridley's application for benefits finding that Fridley had failed to meet her burden of proving a causal relationship. However, the full commission reversed the deputy's decision finding that Fridley "established that her treatment for left-sided hip pain and lower back pain with Dr. Balint and his associates was caused by the October 9, 1990 accident ."
"A question raised by conflicting medical opinion is a question of fact." On review by this Court, a determination of legal causation by the commission is "a factual finding that will not be disturbed on appeal if there is credible evidence to support ." "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." City of Norfolk v. Lillard, 15 Va. App. 424, 429-30, 424 S.E.2d 243, 246 (1992) (citations omitted).
"In determining whether credible evidence exists, the appellate court does not retry the facts, reweigh the preponderance of the evidence, or make its own determination of the credibility of the witnesses." "Matters of weight and preponderance of the evidence, and the resolution of conflicting inferences fairly deducible from the evidence, are within the prerogative of the commission, and are conclusive and binding on the Court of Appeals." City of Richmond Fire Dep't v. Dean, 30 Va. App. 306, 311-12, 516 S.E.2d 709, 711-12 (1999) (citations omitted).
Thus, considering the evidence in the light we must, we find that there was credible evidence to support the commission's factual finding with respect to causation. Accordingly, we affirm the decision of the commission.
Affirmed.
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