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Old Ralph Mining Inc. v. Lyall11/22/1994
MEMORANDUM OPINION BY JUDGE RICHARD S. BRAY
In awarding certain benefits under the Virginia Workers' Compensation Act to Jeffery K. Lyall (claimant), a deputy commissioner of the Workers' Compensation Commission (commission) ruled that Old Ralph Mining, Inc. and Old Republic Insurance Company (employer) were not responsible for the medical treatment occasioned by claimant's hypertension. Claimant appealed, and the commission enlarged the award to "include continued treatment for high blood pressure" which was "caused by pain" resulting from claimant's compensable injury. Employer now appeals that decision.
The parties are familiar with the record before this Court, and a recitation of the facts is unnecessary to this memorandum opinion.
On appeal, factual findings of the commission will not be disturbed if based upon credible evidence. Morris v. Badger Powhatan/Figgie Int'l, Inc., 3 Va. App. 276, 279, 348 S.E.2d 876, 877 (1986). "Causation is a factual determination to be made by the commission." Hercules, Inc. v. Gunther, 13 Va. App. 357, 361, 412 S.E.2d 185, 187 (1991). In determining whether credible evidence exists to support a factual finding, the evidence is viewed in the light most favorable to the prevailing party, claimant in this instance. Crisp v. Brown's Tysons Corner Dodge, Inc., 1 Va. App. 503, 504, 339 S.E.2d 916, 916 (1986).
On September 24, 1985, claimant sustained a compensable accidental injury to his back and received attendant temporary total disability benefits. The injury required "extensive treatment," including surgery and "several hospitalizations." Prior to the accident, dating to May 26, 1972, claimant had experienced "elevated blood pressure" on an "irregular basis" and had been prescribed medication to "control" this condition. Although Drs. Ballington and Senter were unable to quantify the effects of claimant's back injury and related treatment on his elevated blood pressure, both testified that pain from the injury "aggravated" the condition.
Employer contends that this evidence is insufficient to support the commission's finding that claimant's increased blood pressure is causally connected to the industrial accident. However, both Drs. Ballington and Senter rendered opinions that the chronic pain resulting from the injury exacerbated the preexisting hypertension. Dr. Ballington specifically noted that claimant's hypertension "has been somewhat more difficult to control than it would be had he not had the chronic back pain situation." Accordingly, we find the evidence sufficient to support the commission's Conclusion that the industrial accident contributed to claimant's post-injury high blood pressure.
Employer further complains that the commission's ruling imposed liability for an aggravation of claimant's ordinary disease of life, hypertension. See Ashland Oil Co. v. Bean, 225 Va. 1, 3-4, 300 S.E.2d 739, 740 (1983). However, the commission correctly noted in its written opinion that those aspects of the condition in dispute were a consequence of a compensable injury by accident, not simply an employment-related aggravation of the preexisting disease. See Morris, 3 Va. App. at 283-84, 348 S.E.2d at 879-80.
Finally, employer argues the commission's ruling requires employer to provide care for claimant's hypertension unrelated to employment injury. However, because the commission's ruling is clearly limited to "treatment for high blood pressure caused by pain," we find this argument wi
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