COURT OF APPEALS OF VIRGINIA 

Present: Judges Benton, Coleman and Willis 

STEPHEN SLOTA 

v. Record No. 0048-97-4 MEMORANDUM OPINION*

 PER CURIAM 

EASTERN AIRLINES MAY 27, 1997 

AND 

TRAVELERS INDEMNITY COMPANY 

 FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION 

 (Stephen Slota, pro se, on brief). 

 (Susan A. Evans; Siciliano, Ellis, Dyer & 

Boccarosse, on brief), for appellees. 

 Stephen Slota sustained a compensable injury to his left 

middle finger. He contends that the Workers' Compensation 

Commission erred in finding that Eastern Airlines was not 

responsible for forty additional acupuncture treatments to his 

finger. 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). 

"Whether the employer is responsible for medical expenses . . . 

depends upon: (1) whether the medical service was causally 

related to the industrial injury; (2) whether such other medical 

 

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

designated for publication. 
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attention was necessary; and (3) whether the treating physician 

made a referral . . . [of] the patient." Volvo White Truck Corp. 

v. Hedge, 1 Va. App. 195, 199, 336 S.E.2d 903, 906 (1985). 

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

sustained his burden of proving that the forty additional 

acupuncture treatments constituted reasonable, necessary, and 

causally-related medical treatment, 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 refusing to hold employer responsible for providing Slota 

with an additional forty acupuncture treatments, the commission 

made the following findings: 

 In February 1996, Dr. [Kenneth W.] 

Eckmann approved a two month trial of 

acupuncture therapy. On March 11, 1996, 

the claimant commenced acupuncture under 

the care of Yeh Chong Chan, O.M.D.C.A. 

After forty treatments, the claimant 

experienced some relief. Mr. Chan 

recommended that the claimant should 

continue with the acupuncture, since he was 

experiencing some relief after fifteen 

years of severe pain, and in such difficult 

cases, there should be a minimum of eighty 

treatments to see significant improvement. 

 Dr. Eckmann declined to approve the 

additional treatments because Mr. Chan 

"cannot give me a very good idea of what 

maximum benefit might be nor how long it 

would last." 

 As fact finder, the commission was entitled to accept Dr. 

Eckmann's opinion that no evidence showed that the additional 

acupuncture treatments were either reasonable or necessary to the 

treatment of Slota's compensable finger injury. As the treating 
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physician, Dr. Eckmann's opinion was 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). 

 Because Slota's evidence did not prove as a matter of law 

that the additional forty acupuncture treatments were reasonable 

and necessary medical treatment for his compensable finger 

injury, the commission's findings are binding and conclusive upon 

us. Accordingly, we affirm the commission's decision. 

 Affirmed.