COURT OF APPEALS OF VIRGINIA 

Present: Judges Baker, Elder and Fitzpatrick 

STRATFORD AND MONTICELLO SQUARE APARTMENTS, LTD. 

and 

STATE FARM FIRE AND CASUALTY COMPANY 

 MEMORANDUM OPINION*

v. Record No. 1087-97-4 PER CURIAM 

 OCTOBER 14, 1997 

PHILLIP ALAN SHARP 

 FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION 

 (Scott C. Ford; Midkiff & Hiner, on brief), 

for appellants. 

 (Kathleen G. Walsh; Ashcraft & Gerel, on 

brief), for appellee. 

 Stratford and Monticello Square Apartments, Ltd. and its 

insurer (jointly referred to herein as employer) contend that the 

Workers' Compensation Commission (commission) erred in (1) 

holding employer responsible for the cost of Dr. Robert P. 

Nirschl's treatment and (2) finding that Phillip Alan Sharp's 

(claimant) right shoulder condition was causally related to 

claimant's compensable December 7, 1993 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. 

 I. 

 In holding that Dr. Nirschl was the authorized treating 

physician, the commission found as follows: 

 

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

designated for publication. 
- 2 - 

 The Deputy Commissioner, as well as 

counsel for the employer, have considered 

this case as a compensable claim in which Dr. 

[Bernard] Lublin's status as the authorized 

treating physician has been established. 

This is not the case. The claim was denied 

by the employer, and the claimant placed 

himself under the care of Dr. Lublin whose 

services were paid for by the employer's 

health and accident carrier. When [claimant] 

was terminated by his employer, he was no 

longer entitled to those medical benefits. 

The claimant was unable to make other 

arrangements to pay for services by Dr. 

Lublin, who declined further treatment. 

[Claimant] then commenced treatment with Dr. 

Nirschl . . . . 

 The claimant continued under Dr. Nirschl's 

care for a period of some five months before 

the compensability of the claim was finally 

established. Since [Dr. Nirschl] has treated 

the compensable right shoulder injury for an 

extended period of time, we find that he is 

the authorized treating physician. 

 The medical records and claimant's testimony provide 

credible evidence to support the commission's factual findings. 

Thus, they are binding on appeal. See James v. Capitol Steel 

Constr. Co., 8 Va. App. 512, 515, 382 S.E.2d 487, 488 (1989). 

When employer denied the claim and then terminated claimant from 

employment, claimant could no longer pay for Dr. Lublin's 

treatment. Therefore, claimant sought a physician who would 

treat him on a promise to pay basis. Dr. Nirschl agreed to 

provide such treatment. Under these circumstances, we cannot say 

that the commission erred in ruling that Dr. Nirschl was 

claimant's authorized treating physician. 
- 3 - 

 II. 

 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 a June 21, 1996 report, Dr. Nirschl related claimant's 

current right shoulder condition to the December 7, 1993 injury 

by accident. Dr. Nirschl noted his objective findings and 

claimant's right shoulder symptoms which continued even after the 

surgery performed by Dr. Lublin. Dr. Nirschl opined that 

claimant should undergo surgery "to try to re-repair the [right] 

rotator cuff tear." 

 Dr. Nirschl's medical records and opinions constitute 

credible evidence to support the commission's finding that 

claimant's current right shoulder condition is causally related 

to the December 7, 1993 compensable injury by accident. 

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

 Affirmed.