COURT OF APPEALS OF VIRGINIA 

Present: Judges Bray, Annunziata and Senior Judge Overton 

BOSTON CHICKEN MARKET/MAYFAIR PARTNERS 

 AND FIREMAN'S FUND INSURANCE COMPANY 

 MEMORANDUM OPINION*

v. Record No. 2060-98-4 PER CURIAM 

 FEBRUARY 2, 1999 

LORI A. MACK 

 FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION 

 (Forest A. Nester; Brizendine, Bergen & 

Tripoda, on brief), for appellants. 

 (Kathleen G. Walsh; Ashcraft & Gerel, on 

brief), for appellee. 

 Boston Chicken Market/Mayfair Partners and its insurer 

(hereinafter referred to as "employer") contend that the Workers' 

Compensation Commission erred in finding that Lori A. Mack proved 

that her disability and medical treatment were causally related 

to her compensable November 7, 1994 injury by accident. 

 On appeal, we view the evidence in the light most favorable 

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). "In determining whether 

credible evidence exists, the appellate court does not retry the 

 

 *Pursuant to Code § 17.1-413, recodifying Code § 17-116.010, 

this opinion is not designated for publication. 
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facts, reweigh the preponderance of the evidence, or make its own 

determination of the credibility of the witnesses." Wagner 

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

(1991). Moreover, "[q]uestions 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 holding that claimant proved that her disability and 

medical treatment were causally related to her compensable injury 

by accident, the commission found as follows: 

 It is significant that Dr. [Fraser C.] 

Henderson, in a letter of October 17, 1997, 

unequivocally opined that the medical 

treatment was directly caused by the 

work-related fall: 

 Her condition though in part due to 

congenital abnormality of the 

craniocervical junction was the 

direct result of her fall whilst at 

work at Boston Chicken. The 

surgery performed to correct the 

abnormality was the direct result 

of this fall. The surgery would 

not have been performed had she not 

fallen. . . . [emphasis added] 

 This statement is not the first time Dr. 

Henderson has related the medical treatment 

to the injury. On July 20 and November 14, 

1995, he asserted that the claimant's 

symptoms and signs were causally linked to 

her work-related fall. Dr. Henderson never 

equated her condition solely to the 

automobile accident. Moreover, the early 

medical records consistently reflect that a 

connection was being made between the 

claimant's employment and the neck pain. 

While the medical records contain information 

about the minor automobile accident, they 

also distinctly note neck pain two to three 

weeks prior to that minor accident. 
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 In its role as fact finder, the commission was entitled to 

accept Dr. Henderson's opinions and to reject the contrary 

opinion of Dr. Edward R. Lang, a neurosurgeon, who examined 

claimant on May 14, 1997, at employer's request. As the treating 

neurosurgeon, Dr. Henderson's opinions were entitled to be given 

great weight by the commission. See Pilot Freight Carriers, Inc. 

v. Reeves, 1 Va. App. 435, 439, 339 S.E.2d 570, 572 (1986). Dr. 

Henderson's medical records and opinions constitute credible 

evidence from which the commission could reasonably infer that 

claimant's medical treatment and disability were causally related 

to her compensable injury by accident. "The 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, 

12 Va. App. at 894, 407 S.E.2d at 35. 

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

Affirmed.