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Westmoreland Coal Co. v. Powers6/7/1994
Westmoreland Coal Company contends that the Workers' Compensation Commission erred in finding that Gary R. Powers sustained an injury to his lower back in an October 17, 1990, industrial accident. Upon reviewing the record and the briefs of the parties, we conclude that this appeal is without merit. Accordingly, we summarily affirm the commission's decision. See Rule 5A:27.
On appellate review, we construe the evidence in the light most favorable to the party prevailing below. R.G. Moore Bldg. Corp. v. Mullins, 10 Va. App. 211, 212, 390 S.E.2d 788, 788 (1990). "The actual determination of causation is a factual finding that will not be disturbed on appeal if there is credible evidence to support the finding." Ingersoll-Rand Co. v. Musick, 7 Va. App. 684, 688, 376 S.E.2d 814, 817 (1989).
In reversing the deputy commissioner, the full commission made the following findings in its November 9, 1993, opinion:
[Powers] sustained a well-documented, serious injury to his back and his right lower extremity which resulted directly from a single industrial accident. We find credible evidence that he was twisted when the conveyor chain caught his leg and that he fell on his back across metal machinery. This is well corroborated by his co-workers, who together with Powers' sister-in-law, also make it clear that although Powers' right leg was severely damaged, his initial and primary complaints concerned an injury to and pain in his back. Further, the medical record contains multiple references to complaints of back pain after the accident and through the present. We find no reasonable basis to question the specific statement by Dr. Williams that the employee's back condition resulted from the industrial injury. Although primary attention was given to his leg and foot injuries, nurses' notes and medical record corroborate post-accident back pain.
Credible evidence supports these findings. Powers's testimony, along with that of his co-workers, demonstrates that Powers fell directly on his back at the time of the accident. In addition, this testimony, coupled with that of Powers's sister-in-law, demonstrates that Powers complained of significant back pain immediately following the accident. The medical record shows that Powers requested medication from a hospital nurse for back pain as early as November 7, 1990. On November 8, 1990, he complained to a hospital nurse of aching pain in his lower back. On March 30, 1991, Powers was seen in a hospital emergency room for back pain. On April 3, 1991, Powers complained to Dr. Bloodsworth of lower back pain radiating into his left leg. In September 1991, Powers continued to complain of lower back pain to Dr. John M. Marshall. From February 1992 through August 1992, Powers complained of severe back pain to Dr. Gary S. Williams. An MRI performed on May 14, 1992, revealed multiple levels of disc bulging and a left paracentral herniated disc at L5-S1. On November 16, 1992, Dr. Williams opined that Powers's body mechanics were altered in relation to the injury which led to an exacerbation of his pre-existing disc disease. On December 4, 1992, Dr. Williams opined that Powers's disc condition was caused by the October 17, 1990, accident. Dr. Williams stood by these opinions in his March 3, 1993, deposition.
In its role as fact finder, the commission believed the witnesses' testimony, which provided credible evidence to support the occurrence of a back injury on October 17, 1990. Further, the medical records document back pain beginning shortly after the October 17, 1990, accident and continuing to the date of the hearing.
Page 1 2 Virginia Personal Injury Attorneys
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