COURT OF APPEALS OF VIRGINIA 

Present: Judges Coleman, Annunziata and Senior Judge Cole 

UNITED WINNER METALS, INC. AND 

 TRANSPORTATION INSURANCE COMPANY 

 MEMORANDUM OPINION*

v. Record No. 1195-00-2 PER CURIAM 

 SEPTEMBER 26, 2000 

TANYA MARIE HARDEE 

 FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION 

 (Jennifer G. Marwitz; Law Offices of Roya 

Palmer Ewing, on brief), for appellants. 

 No brief for appellee. 

 United Winner Metals, Inc. and its insurer (hereinafter 

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

Compensation Commission erred in finding that Tanya Marie Hardee 

(claimant) proved that (1) she was totally disabled from any 

gainful employment from January 3, 1996 through February 5, 

1996; and (2) her medical treatment beginning April 16, 1997 was 

causally related to her compensable September 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. See

Rule 5A:27. 

 

* Pursuant to Code § 17.1-413, recodifying Code 

§ 17-116.010, this opinion is not designated for publication. 
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 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). 

"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). 

Disability

 The medical records established that after claimant's 

September 26, 1995 injury by accident, she started treatment 

with Dr. Edward D. Habeeb, an orthopedist, on October 9, 1995. 

Dr. Habeeb placed claimant on light-duty restrictions until 

January 2, 1996, when he discharged her. 

 Claimant testified that she attempted to return to work on 

January 2, 1996, but had to leave work due to muscle spasms in 

her back. She stated that she had not worked since that date. 

 On January 11, 1996, claimant returned to Dr. Habeeb and 

reported that "she . . . had a complete relapse of all of her 

symptoms in her back. She relates that she was out cutting with 

a welding torch when all of the symptoms returned. There was no 

actual trauma to cause it." Based upon Dr. Habeeb's examination 

and tests, he did not have any treatment to offer claimant other 

than her own exercise program and medication as necessary. Dr. 

Habeeb agreed that claimant should seek a second opinion. In 
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his Attending Physician's Report, Dr. Habeeb indicated that 

claimant was disabled as of January 11, 1996 and it was 

"unknown" when she would be able to return to regular work. 

 On February 5, 1996, Dr. Curtis V. Spear, Jr. examined 

claimant. Dr. Spear recorded a history of claimant's initial 

injury and the flare-up of pain on January 3, 1996. Dr. Spear 

ordered physical therapy and released claimant to light-duty 

work with no lifting of more than twenty pounds. 

 Based upon this record, the commission found as follows: 

[T]he Deputy Commissioner properly awarded 

temporary total disability benefits 

beginning January 3 through February 5, 

1996. The claimant testified credibly that 

she had to leave work on January 3, 1996, 

because the work caused a severe muscle 

spasm in her back. Dr. Habeeb's Attending 

Physician's Report indicates that the 

claimant was disabled as of the date he 

examined her, January 11, 1996. Dr. Spear 

released the claimant to light-duty work on 

February 5, 1996. This evidence establishes 

disability for this short period. 

 The medical records of Drs. Habeeb and Spear, coupled with 

claimant's testimony, constitute credible evidence to support 

the commission's finding. Based upon this evidence, the 

commission could reasonably infer that claimant was totally 

disabled from gainful employment from January 3, 1996 through 

February 5, 1996. Accordingly, we will not disturb the 

commission's finding on appeal. 
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Causation

 "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). 

 On April 17, 1997, claimant sought treatment at the 

Portsmouth Naval Hospital emergency room. The hospital's 

consultation sheet reflected a history of "chronic mid to upper 

back pain from trauma (fell out of truck 6' off ground) 2 yrs. 

ago; recurrent sharp pain - not resolved." The physician's 

assistant diagnosed "recurrent mid-upper back pain," and 

referred claimant to Dr. Ali-Reza Jamali, an orthopedist. 

 On May 8, 1997, Dr. Jamali examined claimant. At that 

time, claimant completed an information sheet, upon which she 

recorded three dates of injury: September 26, 1995, January 3, 

1996, and April 16, 1997. Dr. Jamali recorded a history of a 

fall on September 26, 1995 and severe pain of a three-week 

duration since claimant had pulled her back again. Dr. Jamali 

diagnosed a severe thoracic sprain and recommended bed rest, 

ice, and an MRI. The MRI was normal. Thereafter, Dr. Jamali 

recommended that claimant continue with physical therapy. 

 Dr. Jamali referred claimant to Dr. Lisa B. Barr, a 

physiatrist. Dr. Barr examined claimant on June 26, 1997 and 

recorded a history consistent with claimant's September 26, 1995 
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injury by accident, along with an acute onset of pain in April 

1997. Dr. Barr opined that claimant's "persistent pain and 

recent flare up is, in all likelihood, related to some recurrent 

mechanical dysfunction." 

 Based upon these medical records, the commission ruled that 

claimant's medical treatment after April 1997 was causally 

related to her September 26, 1995 injury by accident. The 

medical records of Portsmouth Naval Hospital and Drs. Jamali and 

Barr constitute credible evidence from which the commission 

could reasonably infer that claimant's treatment after April 16, 

1997 was causally related to her September 26, 1995 injury by 

accident. "Where reasonable inferences may be drawn from the 

evidence in support of the commission's factual findings, they 

will not be disturbed by this Court on appeal." Hawks v. 

Henrico County Sch. Bd., 7 Va. App. 398, 404, 374 S.E.2d 695, 

698 (1988). 

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

Affirmed.