COURT OF APPEALS OF VIRGINIA 

Present: Judges Bray, Annunziata and Overton 

MICHAEL S. LUMB 

 MEMORANDUM OPINION*

v. Record No. 1345-97-4 PER CURIAM 

 NOVEMBER 10, 1997 

MCLANE FOODS, INC., INSURANCE 

 COMPANY OF THE STATE OF PENNSYLVANIA 

 AND AMERICAN INTERNATIONAL 

 ADJUSTMENT COMPANY, INC. 

 

 FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION 

 (James E. Swiger, Esq.; Swiger & Cay, on 

brief), for appellant. 

 (Matthew W. Broughton; Leisa Kube Ciaffone; 

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

appellees. 

 Michael Lumb (claimant) contends that the Workers' 

Compensation Commission (commission) erred in finding that he 

failed to prove that his herniated thoracic disc and related 

surgery were causally related to his compensable February 26, 

1995 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. See R.G. Moore Bldg. Corp. v. 

Mullins, 10 Va. App. 211, 212, 390 S.E.2d 788, 788 (1990). 

"General principles of workman's compensation law provide that 

 

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

designated for publication. 
 2 

'[i]n an application for review of any award on the ground of 

change in condition, the burden is on the party alleging such 

change to prove his allegations by a preponderance of the 

evidence.'" Great Atl. & Pac. Tea Co. v. Bateman, 4 Va. App. 

459, 464, 359 S.E.2d 98, 101 (1987) (quoting Pilot Freight 

Carriers, Inc. v. Reeves, 1 Va. App. 435, 438-39, 339 S.E.2d 570, 

572 (1986)). Unless we can say as a matter of law that 

claimant's evidence sustained his burden of proof, the 

commission's findings are binding and conclusive upon us. See

Tomko v. Michael's Plastering Co., 210 Va. 697, 699, 173 S.E.2d 

833, 835 (1970). 

 In denying claimant's application and finding that his 

evidence failed to prove that his herniated thoracic disc was 

causally related to his compensable February 26, 1995 injury by 

accident, the commission found as follows: 

 The medical record in this matter does 

not support the finding that the claimant's 

thoracic injuries were caused by the 

industrial injury. Although there were 

findings of diffuse pain in the thoracic 

region after the compensable injury, a large 

herniated disc was found shortly after the 

second automobile accident. Dr. [Harold F.] 

Young, who performed surgery on the claimant, 

indicated that the thoracic disc herniation 

was not caused by the compensable injury. We 

note that Dr. [Nathan D.] Zasler initially 

agreed with this opinion but later reported a 

possible causal connection. Dr. [Lawrence] 

Blumberg agreed that the surgery was made 

necessary by the second accident. After 

reviewing the evidence in this matter, we 

place greater weight on the medical record 

and opinion expressed by Dr. Young. 
 3 

 The commission's findings are supported by Dr. Young's 

medical records and opinions and the opinion of Dr. Blumberg. As 

fact finder, the commission was entitled to accept the opinions 

of Drs. Young and Blumberg and to reject Dr. Zasler's opinion. 

"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). 

 Claimant's argument that the commission erred by not 

applying the doctrine of compensable consequences is without 

merit. The doctrine of compensable consequences provides: where 

a causal connection between the initial compensable injury and 

the subsequent injury is established, the doctrine of compensable 

consequences extends the coverage of the Workers' Compensation 

Act to the subsequent injury because the subsequent injury "is 

treated as if it occurred in the course of and arising out of the 

employee's employment." 

American Filtrona Co. v. Hanford, 16 Va. App. 159, 163, 428 

S.E.2d 511, 513 (1992) (quoting Bartholow Drywall Co. v. Hill, 12 

Va. App. 790, 793-94, 407 S.E.2d 1, 3 (1991) (citations 

omitted)). Here, claimant's evidence failed to prove a causal 

connection between the initial February 26, 1995 compensable 

injury and claimant's subsequently-herniated thoracic disc. 

 Based upon this record, we cannot say as a matter of law 

that claimant's evidence sustained his burden of proof. 

Accordingly, we affirm the commission's decision. 
 4 

 Affirmed.