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Virginia Electric & Power Co. v. Bobbitt3/11/1997
Argued at Richmond, Virginia
MEMORANDUM OPINION *
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
Virginia Electric & Power Company contends that the commission erred in ruling that the Company was required to pay for medical treatment that Ola J. Thorpe Bobbitt received from Dr. Mark E. deBlois. We disagree and affirm the commission's decision.
I.
The commission's decision that the Company was responsible for the treatment Bobbitt received from Dr. deBlois was based upon the commission's consideration of the testimony and other evidence in the record. We review the commission's decisions under well established principles. We must uphold the commission's factual findings when those findings are supported by credible evidence. See Code ยง 65.2-706; James v. Capitol Steel Constr. Co., 8 Va. App. 512, 515, 382 S.E.2d 487, 488 (1989). Consistent with that principle are the following additional principles of appellate review:
"We do not retry the facts before the Commission nor do we review the weight, preponderance of the evidence, or the credibility of witnesses. If there is evidence or reasonable inference that can be drawn from the evidence to support the Commission's findings, they will not be disturbed by this Court on appeal, even though there is evidence in the record to support contrary findings of fact." Caskey v. Dan River Mills, Inc., 225 Va. 405, 411, 302 S.E.2d 507, 510-11 (1983).
II.
To implement these principles on appeal, we view the evidence in the light most favorable to Bobbitt, who prevailed before the commission. See R.G. Moore Bldg. Corp. v. Mullins, 10 Va. App. 211, 212, 390 S.E.2d 788, 788 (1990). So viewed, the evidence proved that in 1991 Bobbitt sustained compensable back and shoulder injuries while employed by the Company. Initially, Bobbitt was treated by Dr. Thomas Butterworth. Dr. Butterworth operated on her left shoulder. During the course of his treatment for her back injury, Dr. Butterworth referred Bobbitt to Dr. Kenneth I. Kiluk for a neurosurgical consultation. Dr. Kiluk ordered a myelogram, which "did not demonstrate any evidence of disc problem." However, a CAT Scan indicated "central disc herniation L5-S1." Dr. Kiluk gave her injections, but noted that he saw nothing to do "from a neurosurgical point of view." Dr. Butterworth provided epidural blocks and other treatment for Bobbitt's disc problems at L5-S1. He also ordered MRIs in 1993 which showed Bobbitt had significant disc herniation. During these treatments, Bobbitt developed psychiatric problems and was referred to a psychiatrist. She was hospitalized in 1993 for major depression that was related to her ongoing chronic pain. During her hospitalization, she was sent to see Dr. Harold Young, another neurosurgeon. Dr. Butterworth noted that Dr. Young "is talking about surgery." In May of 1993, Dr. Butterworth discussed with Bobbitt the surgical option of removal of a disc and fusion. His reports indicate that she was still in depression and very hesitant about surgery. Bobbitt's psychiatric therapist noted that Bobbitt "had it out [with] Dr. Butterworth, who has now advised surgery." In September of 1993, Dr. Butterworth stated that he had "nothing to offer [Bobbitt] except epidural and surgery." Bobbitt continued to experience severe pain and became distrustful of Dr. Butterworth. With the concurrence of Bobbitt's therapist, Bobbitt's psychiatrist referred Bobbitt to Dr. Harold Young, the neurosurgeon who had treated her while she was hospitalized. After that referral, Bobbitt's psychiatrist retired from practice. Another psychiatrist, Dr. S. K. Niazi, became her treating physician. Dr. Niazi continued to treat
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