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Smalls v. Bell Corporation of Rochester

6/17/2003

indings that claimant could return to work without restrictions by April 30, 2001 and that his medical treatment and disability after April 29, 2001 were not causally related to his compensable injury by accident. "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, 215 (1991). As fact finder, the commission weighed the medical evidence, accepted the opinions of Drs. Kahanovitz and Wattenmaker, and rejected Dr. Eline's opinion. "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).


Because the medical evidence was subject to the commission's factual determination, we cannot find as a matter of law that claimant's evidence sustained his burden of proof. Accordingly, we affirm the commission's decision.


Affirmed.






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