COURT OF APPEALS OF VIRGINIA 

Present: Judges Benton, Annunziata and Senior Judge Cole 

Argued at Richmond, Virginia 

VULCAN MATERIALS COMPANY 

 MEMORANDUM OPINION*

v. Record No. 1886-96-2 BY JUDGE MARVIN F. COLE 

 FEBRUARY 18, 1997 

CHARLES LEE CRAWFORD 

 FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION 

 Benjamin J. Trichilo (Trichilo, Bancroft, 

McGavin, Horvath & Judkins, P.C., on briefs), 

for appellant. 

 James A. Kline, IV (Eck, Collins & Marstiller 

Affiliated Law Offices, on brief), for 

appellee. 

 Vulcan Materials Company (Vulcan) appeals from a decision of 

the Workers' Compensation Commission awarding Charles Lee 

Crawford the cost of chiropractic treatments for as long as 

necessary. The question presented on this appeal is whether the 

need for and cost of chiropractic treatments are supported by 

credible evidence. We affirm the commission's decision. 

 On August 30, 1991, Crawford was injured when the rear axle 

shaft of the company truck he was driving broke, causing the 

truck to crash into a quarry wall. On August 20, 1993, the 

commission entered an award for Crawford for "the payment of all 

reasonable and necessary medical treatment causally related to 

the August 30, 1991 accident for as long as necessary." 

 

 *Pursuant to Code § 17-116.010 this opinion is not 

designated for publication. 
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 Dr. Donald MacNay, an orthopedic specialist and Crawford's 

treating physician, opined that Crawford's back pain was a result 

of the August 30, 1991 accident. Dr. MacNay referred Crawford 

for chiropractic treatment at Carlton Chiropractic. Carlton 

Chiropractic performed a spinal manipulation, mechanical 

traction, and electric stimulation on Crawford. 

 Dr. Joseph Linehan conducted an independent evaluation of 

Crawford. Linehan found "no reparative value to these 

chiropractic treatments." Linehan stated that the treatment 

charges were 25% higher than a physical therapist would charge, 

and that usually three to four weeks of treatment were 

sufficient. In Dr. Linehan's opinion, Crawford's back pain was 

due to spondylolisthesis, and not to the August 30, 1991 

accident. 

 On July 10, 1996, the commission found Vulcan responsible 

for the costs of chiropractic treatments received between October 

1994 and May 1995, as recommended by Dr. MacNay. On July 26, 

1996, the commission amended its award, making Vulcan responsible 

for the costs of these treatments for as long as necessary. 

 On appellate review, the factual findings of the commission 

are binding if they are supported by credible evidence. Wagner 

Enters., Inc. v. Brooks, 12 Va. App. 890, 894, 407 S.E.2d 32, 35 

(1991); James v. Capitol Steel Constr. Co., 8 Va. App. 512, 515, 

382 S.E.2d 487, 488 (1989). The fact that there is contrary 

evidence in the record is no consequence if there is credible 
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evidence to support the commission's finding. Franklin Mortgage 

Corp. v. Walker, 6 Va. App. 108, 110-11, 367 S.E.2d 191, 193 

(1988) (en banc). "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., 12 Va. 

App. at 894, 407 S.E.2d at 35 (citing Jules Hairstylists, Inc. v. 

Galanes, 1 Va. App. 64, 69, 334 S.E.2d 592, 595 (1985)). 

 The commission, recognizing that chiropractic treatment 

would not be Dr. Linehan's choice, found Vulcan responsible for 

the costs of chiropractic treatments as recommended by Dr. 

MacNay, Crawford's treating physician. Vulcan argues that this 

award is not supported by credible evidence. We disagree. Dr. 

MacNay determined that Crawford's back pain was a result of the 

August 30, 1991 accident. The record shows that Dr. MacNay 

thought chiropractic treatment was warranted and noted that 

Crawford's back had been helped by the treatment. Dr. MacNay 

continually reevaluated Crawford's condition and found the 

continuing treatment to be reasonable and necessary. The record 

shows that the fees charged for the treatments were not 

excessive. The commission's findings of fact are supported by 

credible evidence. 

 For the reasons stated, we affirm the commission's decision. 

 Affirmed.