Wells Fargo Armored, et al v William O. Carter, Jr

COURT OF APPEALS OF VIRGINIA
Present: 	Judges Benton, Coleman and Willis
WELLS FARGO ARMORED
AND
BIRMINGHAM FIRE INSURANCE COMPANY OF PENNSYLVANIA
v. 	Record No. 2577-94-3 	MEMORANDUM OPINION*
PER CURIAM
WILLIAM O. CARTER, JR. 	MAY 23, 1995
FROM THE VIRGINIA WORKERS'
COMPENSATION COMMISSION
(John C. Johnson; Monica L. Taylor; Gentry, Locke,
Rakes & Moore, on brief), for appellants.
(Richard M. Thomas; Rider, Thomas, Cleaveland,
Ferris & Eakin, on brief), for appellee.
Wells Fargo Armored and its insurer (hereinafter
collectively referred to as "employer") contend that the Workers'
Compensation Commission erred in finding that the cervical
condition of William O. Carter, Jr., was causally related to
Carter's compensable October 20, 1992 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. 	Rule 5A:27.
On appeal, we view the evidence in the light most favorable
to the prevailing party 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
*Pursuant to Code § 17-116.010 this opinion is not
designated for publication.

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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). 	"A question raised by
conflicting medical opinion is a question of fact." 	Commonwealth
v. Powell, 2 Va. App. 712, 714, 347 S.E.2d 532, 533 (1986).
The commission found that Carter's cervical condition was
causally related to his compensable October 20, 1992 injury by
accident. 	Dr. J. Michael Becker, a chiropractor, began treating
Carter in May 1993 upon the employer's approval. 	Dr. Becker
attributed Carter's current cervical condition to the October 20,
1992 accident. 	Dr. Becker opined that the industrial accident
aggravated Carter's underlying pre-existing degenerative
condition. 	Dr. Becker's opinion constitutes credible evidence to
support the commission's findings and it establishes that
Carter's disability is compensable. 	See Russell Loungewear v.
Gray, 2 Va. App. 90, 95, 341 S.E.2d 824, 826 (1986) (industrial
accident causing aggravation of pre-existing condition with
resultant disability is compensable). 	"The existence of contrary
evidence in the record is of no consequence if there is credible
evidence to support the commission's finding." 	Wagner Enters.,
Inc. v. Brooks, 12 Va. App. 890, 894, 407 S.E.2d 32, 35 (1991).
In its role as fact finder, the commission was entitled to
accept Dr. Becker's opinion, and to discount Dr. Castern's
opinion. 	Dr. Castern did not unequivocally exclude the
possibility of a causal relationship, he merely found it

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questionable. 	Moreover, the employer's argument that Dr.
Becker's opinion is not credible because he is a chiropractor is
without merit. 	Nothing in the record proves that Dr. Becker is
unqualified to render an opinion or that his opinion is not
credible. 	Finally, the commission was entitled to accept
Carter's testimony that, although he did not seek medical
treatment between October 29, 1992 and April 15, 1993, he
suffered from ongoing cervical symptoms during this period.
For these reasons, we affirm the commission's decision.
Affirmed.