Ford Motor Company v Lance Lansden

COURT OF APPEALS OF VIRGINIA
Present: 	Judges Baker, Elder and Fitzpatrick
FORD MOTOR COMPANY MEMORANDUM OPINION*
v. 	Record No. 1662-96-1 	PER CURIAM
NOVEMBER 5, 1996
LANCE LANSDEN
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
(Samuel W. Meekins, Jr.; Barry Dorans;
Wolcott, Rivers, Wheary, Basnight & Kelly, on
brief), for appellant.
(M. Todd Gerber; Joynes and Bieber, on
brief), for appellee.
Ford Motor Company (employer) appeals a decision of the
Workers' Compensation Commission (commission) awarding permanent
partial disability benefits to Lance Lansden (claimant) for a
fifteen percent impairment to his right upper extremity.
Employer contends that no credible medical evidence proved
claimant sustained any loss of use in his right arm. 	Employer
argues that, at best, the medical evidence established that
claimant sustained a loss of use confined solely to his right
hand, for which he did not make a claim for permanent partial
disability benefits. 	Because we find that credible evidence
supports the commission's decision, we affirm.
On appeal, we view the evidence in the light most favorable
to the prevailing party below. 	R.G. Moore Bldg. Corp. v.
*Pursuant to 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).
Factual findings made by the commission will be upheld on appeal
if supported by credible evidence. 	James v. Capitol Steel
Constr. Co., 8 Va. App. 512, 515, 382 S.E.2d 487, 488 (1989).
Claimant sustained a compensable injury by accident to his
right forearm and elbow on October 10, 1994. 	On February 15,
1995, Dr. Lance B. Davlin performed radial nerve decompression
surgery on claimant's right elbow/forearm area. 	A physical
therapist's notes, dated April 19, 1995, indicated claimant
suffered from less than normal wrist and elbow strength and
limited range of motion. 	The therapist's notes, dated May 17,
1995, indicated that claimant suffered from decreased strength,
range of motion, and grip strength and increased pain in his
right anterior/lateral forearm.
On October 19, 1995, Dr. Davlin noted decreased sensation
over the dorsum of claimant's radial forearm and hand. 	On that
date, Dr. Davlin rated claimant's impairment at fifteen percent
of the upper extremity, which corresponded to a nine percent
impairment of the whole person based upon AMA guidelines for a
radial nerve entrapment at the level of the elbow graded as
mild/moderate. 	On March 5, 1996, Dr. Davlin further clarified
his opinion:
The injury was to the upper extremity, the
surgery was on the upper extremity and the
impairment is referable to the upper
extremity. 	One can play semantics with Mr.
Lansden's case; however, upon examination of
the patient you will see that his incision
and partial permanent disability relate to an

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injury to his forearm sustained at the
workplace.
In awarding permanent partial disability benefits to
claimant, the commission relied upon "documentation of lost grip
strength and loss of sensation due to the elbow injury" and "Dr.
Davlin's unequivocal conclusion that the claimant has a 15%
permanent partial impairment to his right upper extremity." 	The
therapist's notes and Dr. Davlin's medical reports provide
credible evidence to support the commission's findings. 	Because
credible evidence supports these findings, the commission's
decision is binding upon us on appeal.
For these reasons, we affirm the commission's decision.
Affirmed.