COURT OF APPEALS OF VIRGINIA 

Present: Chief Judge Fitzpatrick, Judges Bray and Annunziata 

SOUTHFORK TRUCKING, INC. AND 

 RELIANCE INSURANCE COMPANY 

 MEMORANDUM OPINION*

v. Record No. 1108-00-3 PER CURIAM 

 SEPTEMBER 12, 2000 

ALBERT WHITT 

FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION 

 (Robert M. McAdam; Jones & Glenn, PLC, on 

brief), for appellants. 

 (Paul L. Phipps; D. Allison Mullins; Lee & 

Phipps, P.C., on brief), for appellee. 

 Southfork Trucking, Inc. and its insurer (hereinafter 

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

Compensation Commission erred in finding that Albert Whitt 

(claimant) proved that he suffered a sudden mechanical change in 

his body as a result of his October 10, 1998 work-related 

accident, which caused a material aggravation of his 

pre-existing disc herniation at the L5-S1 level and his 

subsequent disability and need for surgery. 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. See James v. Capitol Steel 

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

 The commission concluded that "claimant sustained a 

material aggravation of his pre-existing lumbar condition on 

October 10, 1998 [and] . . . that this incident caused a 

mechanical change in the body, namely a change in the location 

and severity of the pre-existing disc herniation at the L5-S1 

level." In so ruling, the commission found as follows: 

The medical record clearly reflects previous 

injury to the lower back, necessitating two 

surgeries to the lumbar region. In January 

1998, per Dr. [Paul C.] Peterson's 

testimony, the claimant was diagnosed with a 

new injury to the lumbar spine. Diagnostic 

studies at that time revealed a bulging disc 

at the L4-L5 level as well as a left 

paramedian disc herniation at the L5-S1 

level. The claimant was able to perform his 

pre-injury work duties without difficulty, 

despite continuing complaints of pain and 

despite Dr. Peterson's recommendation that 

the claimant undergo surgery. After October 

10, 1998, the claimant was unable to perform 

his pre-injury work, and complained of an 

exacerbation of left leg pain. 

 . . . Dr. Peterson initially testified 

that one basis for his opinion regarding the 

issue of causation was the fact that the 

claimant had not previously complained of 

left leg pain. The medical record 

contradicts this assertion, and Dr. Peterson 
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corrected his error later in the deposition 

testimony. Diagnostic studies performed 

after October 10, 1998, showed a disc 

herniation at the L5-S1 level which was more 

centrally located, leading Dr. Peterson to 

conclude that the claimant sustained an 

aggravation of his pre-existing condition. 

While it is clear that the treating 

physician had previously recommended 

surgical intervention, it appears from his 

deposition testimony that the absolute need 

for surgery was accelerated by the October 

10, 1998, work injury. 

 The commission's findings are supported by credible 

evidence, including claimant's testimony and Dr. Peterson's 

medical reports and deposition testimony. The commission as 

fact finder was entitled to accept Dr. Peterson's opinions and 

to reject any contrary medical opinions. Furthermore, 

"[m]edical evidence is not necessarily conclusive, but is 

subject to the commission's consideration and weighing." 

Hungerford Mechanical Corp. v. Hobson, 11 Va. App. 675, 677, 401 

S.E.2d 213, 215 (1991). Based upon Dr. Peterson's reports and 

deposition testimony, the commission could reasonably infer that 

the October 10, 1998 accident caused a sudden mechanical change 

in claimant's body, that is, a material aggravation of his 

pre-existing disc herniation, which resulted in disability and 

accelerated the need for surgery. 

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

Affirmed.