COURT OF APPEALS OF VIRGINIA 

Present: Judges Benton, Coleman and Willis 

RONNIE HAWKINS 

v. Record No. 1918-96-3 MEMORANDUM OPINION*

 PER CURIAM 

HAR LEE COAL COMPANY JANUARY 7, 1997 

AND 

EMPLOYERS INSURANCE OF WAUSAU 

 FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION 

 (Karel Brown Ryan, on briefs), for appellant. 

 (Michael F. Blair; Penn, Stuart & Eskridge, 

on brief), for appellees. 

 Ronnie Hawkins contends that the Workers' Compensation 

Commission erred in finding that he failed to prove that his 

disability after May 4, 1994 and Dr. Daniel Robertson's treatment 

beginning July 22, 1994 were causally related to his August 19, 

1993 compensable 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. R.G. Moore Bldg. Corp. v. 

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

Unless we can say as a matter of law that Hawkins' evidence 

sustained his burden of proving causation, the commission's 

 

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

designated for publication. 
 2 

findings are binding and conclusive upon us. Tomko v. Michael's 

Plastering Co., 210 Va. 697, 699, 173 S.E.2d 833, 835 (1970). 

 Dr. Kurtz E. Alderman treated Hawkins both before and after 

the August 19, 1993 work-related accident. Immediately following 

the August 19, 1993 accident, Dr. Alderman diagnosed Hawkins as 

suffering from an acute lumbar strain. Dr. Alderman opined that 

Hawkins could return to work in seven to ten days. Hawkins 

returned to his pre-injury job on August 23, 1993, and continued 

to work until May 3, 1994. Dr. Alderman, who was aware of 

Hawkins' extensive history of back injuries including the August 

19, 1993 incident, prepared a May 9, 1994 disability statement. 

 The statement referenced on-going recurrent symptoms of several 

years' duration and did not mention the August 19, 1993 accident. 

 In its role as fact finder, the commission was entitled to 

weigh the medical evidence, accept the opinion of Dr. Alderman, 

and reject the contrary opinion of Dr. Robertson. "Questions of 

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). Dr. Robertson based his opinion concerning 

causation on an inaccurate and incomplete medical history. Where 

a medical opinion is based upon an incomplete or inaccurate 

medical history, the commission is entitled to conclude that the 

opinion is of little probative value. See Clinchfield Coal Co. 

v. Bowman, 229 Va. 249, 251-52, 329 S.E.2d 15, 16 (1985). 

 Absent Dr. Robertson's opinion, no medical evidence 
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established that Hawkins' post-May 4, 1994 disability and medical 

treatment were causally related to his compensable August 19, 

1993 injury by accident. Accordingly, we cannot find as a matter 

of law that Hawkins' evidence sustained his burden of proof. 

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

 Affirmed.