COURT OF APPEALS OF VIRGINIA 

Present: Judges Elder, Bumgardner and Lemons 

ECPI COMPUTER INSTITUTE AND GRAPHIC 

 ARTS MUTUAL INSURANCE COMPANY 

 MEMORANDUM OPINION*

v. Record No. 0837-98-3 PER CURIAM 

 SEPTEMBER 22, 1998 

CARMEN ANNE THOMPSON AND AETNA 

 CASUALTY AND SURETY COMPANY 

 FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION 

 (Joshua M. Wulf; Scott C. Ford; Midkiff & 

Hiner, on brief), for appellants. 

 (Richard M. Thomas; Rider, Thomas, 

Cleaveland, Ferris & Eakin, on brief), for 

appellee Carmen Ann Thompson. 

 (Dale W. Webb; Monica L. Taylor; Gentry, 

Locke, Rakes & Moore, on brief), for appellee 

Aetna Casualty and Surety Company. 

 ECPI Computer Institute and its insurer, Graphic Arts Mutual 

Insurance Company, contend that the Workers' Compensation 

Commission ("commission") erred in finding that Carmen Anne 

Thompson ("claimant") proved that her need for dental implants 

and her temporomandibular joint dysfunction ("TMJ") problems were 

causally related to her June 11, 1994 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 

 

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

designated for publication. 
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to the prevailing party below. See 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). "Questions raised by 

conflicting medical opinions must be decided by the commission." 

Penley v. Island Creek Coal Co., 8 Va. App. 310, 318, 381 S.E.2d 

231, 236 (1989). 

 In finding that claimant proved a causal connection between 

her June 11, 1994 injury by accident and her need for dental 

implants and her TMJ problems, the commission found as follows: 

 It is the opinion of Dr. [John] Repass that 

the claimant's TMJ symptoms "[a]re the 

results of the direct blow to the face and 

jaws in the fall on 6-11-94." Dr. 

[Monroe E.] Harris[, Jr.] found "[a]bsolutely 

no cause and effect relationship between the 

accident in June of 1994 and the need for 

dental implants." He believes this treatment 

relates back to the [1993] motor vehicle 

accident. Dr. Harris believes the claimant's 

TMJ problem was caused by the first accident 

and aggravated by the second accident. 

 We believe the Deputy Commissioner 

properly considered these opinions together 

with the claimant's testimony in concluding 

that the [June 11, 1994] accident caused her 

problems. The Deputy Commissioner gave less 

evidentiary weight to Dr. Harris's opinion 

because Dr. Repass examined the claimant and 

Dr. Harris only reviewed her records. He 

also gave considerable evidentiary weight to 

the "compelling testimony" of the claimant 

that she did reasonably well after the first 

accident, returned to work and that her 

problems "really began" after the second 

accident. His finding that the June 1994 

accident was an independent intervening event 
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and the cause of the claimant's problems is 

supported by the record. 

 "Medical evidence is not necessarily conclusive, but is 

subject to the commission's consideration and weighing." 

Hungerford Mechanical Corp. v. Hobson, 11 Va. App. 675, 677, 401 

S.E.2d 213, 214 (1991). In its role as fact finder, the 

commission was entitled to weigh the medical evidence, to accept 

Dr. Repass's opinions, and to reject Dr. Harris's contrary 

opinions. Dr. Repass's opinions and claimant's testimony 

constitute credible evidence to support the commission's decision 

that her need for dental implants and her TMJ problems were 

causally related to the June 11, 1994 injury by accident. See

Dollar General Store v. Cridlin, 22 Va. App. 171, 176, 468 S.E.2d 

152, 154 (1996) ("The testimony of a claimant may also be 

considered in determining causation . . . ."). Moreover, "[t]he 

fact that there is 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). 

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

 Affirmed.