AECOM Technology Corporation,e t al. v Wm. Massey

COURT OF APPEALS OF VIRGINIA
Present: 	Judges Elder, Bumgardner and Humphreys
AECOM TECHNOLOGY CORPORATION AND
AMERICAN INSURANCE COMPANY
MEMORANDUM OPINION*
v. 	Record No. 0352-00-4 	PER CURIAM
AUGUST 1, 2000
WILLIAM FRANKLIN MASSEY
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
(Forest A. Nester; Brizendine, Bergen &
Tripoda, on brief), for appellants.
(Robert A. Mordhorst; Mordhorst, Taweel &
Adams, on brief), for appellee.
Aecom Technology and its insurer (hereinafter referred to
as "employer") contend that the Workers' Compensation Commission
erred in finding that William Franklin Massey (claimant) proved
that the aggravation of his pre-existing spinal stenosis, his
surgery, and his post-surgery disability were causally related
to his compensable September 4, 1998 injury by 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 appeal, we view the evidence in the light most favorable
to the prevailing party below. 	See R.G. Moore Bldg. Corp. v.
* Pursuant to Code § 17.1-413, recodifying Code
§ 17-116.010, this opinion is not designated for publication.

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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.3d 814, 817 (1989).
In ruling that claimant established a causal connection
between the September 4, 1998 accident and his February 17, 1999
fusion surgery and subsequent disability, the commission found
as follows:
[W]e note that [orthopedic surgeon] Dr.
[Robert] Squillante in his Attending
Physician's report notes the incident of the
claimant climbing on a ladder on September
4, 1998 and that he pulled his back that
resulted in a spinal fusion with
instrumentation at the L4-L5 level in
February of 1999. 	While the claimant may
have had previous problems with his back, an
MRI lumbar spine of October 4, 1997, showed
at the L4-5 level no herniated disc, central
or foraminal stenosis. 	Likewise, when the
claimant last saw Dr. Squillante prior to
the accident on June 4, 1998, it was noted
that he only had intermittent lumbar pain
and had marked relief of the lower extremity
pain. 	The claimant at that time was working
full time and progressing nicely. 	He was
not to return except on a per need basis.
The claimant's uncontradicted testimony is
that he was able to perform rather strenuous
work from the date of this visit until the
September 4, 1998, accident. 	The doctor's
report on September 10, 1998, noted that the
pain that the claimant was feeling was
somewhat different than he had in the past.
It is not until a September 23, 1998, MRI,
that canal stenosis secondary to posterior
facet and ligamentous hypertrophy is noted
at the L4-L5 level.

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Dr. Squillante's uncontradicted opinion regarding causation
contained in his Attending Physician's report, coupled with
claimant's medical records and his undisputed testimony that he
was able to perform strenuous work from June 4, 1998 up until
the September 4, 1998 accident, constitute credible evidence to
support the commission's findings. 	Therefore, those findings
are binding and conclusive upon us on appeal. 	"In determining
whether credible evidence exists, the appellate court does not
retry the facts, reweigh the preponderance of the evidence, or
make its own determination of the credibility of the witnesses."
Wagner Enters., Inc. v. Brooks, 12 Va. App. 890, 894, 407 S.E.2d
32, 35 (1991).
For these reasons, we affirm the commission's decision.
Affirmed.