COURT OF APPEALS OF VIRGINIA 

Present: Judges Bray, Annunziata and Overton 

HENRY A. REED T/A REED CONSTRUCTION 

 

v. Record No. 2663-96-2 MEMORANDUM OPINION*

 PER CURIAM 

ROGER DALE FISHER, SR., APRIL 1, 1997 

 TIM LAMBERT T/A LAMBERT CONSTRUCTION, 

 AUTO OWNERS INSURANCE COMPANY AND 

 CRITTENDEN ADJUSTMENT COMPANY 

 FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION 

 (William T. Fitzhugh; Beddow, Marley & 

Associates, on briefs), for appellant. 

 (B. Mayes Marks, Jr., on brief), for appellee 

Roger Dale Fisher, Sr. 

 (Mark M. Caldwell, III; Sands, Anderson, 

Marks & Miller, on brief), for appellees Tim 

Lambert t/a Lambert Construction, Auto Owners 

Insurance Company and Crittenden Adjustment 

Company. 

 Henry A. Reed t/a Reed Construction (employer) contends that 

the Workers' Compensation Commission (commission) erred in 

finding Roger D. Fisher, Sr. (claimant) proved he was totally 

disabled from August 8, 1995 through September 1, 1995 and from 

September 14, 1995 and continuing.1

 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. 

 

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

designated for publication. 

 1Claimant conceded before the commission that he attempted 

to work during the first two weeks in September 1995, and he 

waived his claim for benefits for these two weeks. 
 2 

 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). 

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). 

 Dr. Mohamed Tawfick's medical records and his February 28, 

1996 responses to claimant's counsel's written questions provide 

ample credible evidence to support the commission's decision. 

Dr. Tawfick treated claimant from August 8, 1995, the date of his 

work-related accident, through December 7, 1995. In responding 

to counsel's questions on February 28, 1996, Dr. Tawfick stated 

that he had taken claimant out of work during the course of his 

treatment. In addition, Dr. Tawfick stated that as of February 

28, 1996, he had not released claimant to return to work. 

Employer presented no medical evidence to dispute Dr. Tawfick's 

opinions. In addition, based upon claimant's testimony, the 

commission could infer that claimant did not return to Dr. 

Tawfick after December 7, 1995 because employer had denied the 

claim, and claimant had no resources with which to seek medical 

treatment. 

 Because Dr. Tawfick's undisputed medical records and 

opinions provide credible evidence to support the commission's 

finding that claimant was totally disabled from August 8, 1995 

through September 1, 1995 and from September 14, 1995 and 
 3 

continuing, this finding is binding and conclusive upon us on 

appeal. 

 Claimant's request for an award of attorney's fees and costs 

pursuant to Code § 65.2-713 is denied. For the reasons stated, 

we affirm the commission's decision. 

 Affirmed.