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Leadbetter Inc. v. Penkalski12/19/1995
1993, report in finding that Penkalski had proved that the non-work-related condition contributed to and aggravated his compensable injury.
When, as in this case, the medical evidence proved that the work-related disability was aggravated or exacerbated by the non-work-related problem, the resulting disability is compensable. Bergmann, 222 Va. at 32, 278 S.E.2d at 803. Furthermore, Dr. Irby's medical opinion established that Penkalski's inability to perform sustained standing and walking was a disability that had two causes. One cause was the worsening condition of Penkalski's ankles, the work-related injury .
Leadbetter has failed to show the commission committed error. Credible evidence supports the commission's finding that Penkalski's total disability is due in part to his work-related injury . The medical evidence supports the award of temporary total disability. Therefore, we affirm the commission's decision and vacate the prior panel decision.
Affirmed.
Disposition
Affirmed .
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