COURT OF APPEAL S OF VIRGINIA

Present: Chie f Judge Fitzpatr ick, Judge Bu mgardner and Senior Judge Hodges

THE GOODYEAR TIRE & RUBBER COMPANY AND TRAVELERS INDE MNITY COMPANY OF ILLINOIS MEMORANDUM OPINION * v. Record No. 20 92-00-3 PER CURIAM DECEMBER 28, 2000 DIANE N. NEWCOMB

FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION (James A. L. Daniel ; Martha White Medley; Daniel, Vaughan, Medley & Smit herman, P.C., on brief), for appellants. (Stephen G. Bass; Carter, Craig, Bass, Blair & Kushner, P.C., on brief), for appellee.

* Pursuant to Code § 17.1-413, this opinion is not designated for publication. The Goodyear Tire & Rubber Company and its insurer (hereinafter referred to as "employer") contend that the Workers' Compensation Commission erred in finding that Diane N. Newcomb (claimant) proved that the deQuervain's disease in her right wrist and the epicondylitis in her right elbow and disability related thereto were causally related to her November 2, 1992 compensable left arm injury. 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.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 factua l finding that will not be disturbed on ap peal if there is cr edible evidence to support the finding." Ingersoll-Rand Co. v. Musick , 7 Va. App. 684, 688, 376 S.E.2d 814, 817 (1 989). "Questions raised by conflicting medi cal opinions must be decided by th e commissi on." Penley v. Island Creek Coal Co. , 8 Va. App. 310, 318, 381 S.E.2d 231, 236 (1989). In ruling that cl aimant sustained her burden of proving a compensable ch ange-in-condition, the comm ission found as follows: [T]he claimant has es tablished that she developed right deQuervain's syndrome and epicondylitis as a result of overuse of [her right] extremity necessit ated by th e November 2, 1992, injury to her left arm. . . . [W]e note the consistent me dical report s of Dr. [Anthony] DeFran zo causally relating the right arm condit ion to this ac cident. We have reviewed all me dical report s in the record . . . . We can find nothing in these reports to indicate that the claimant's problem is the result of a condition other than that diagno sed by Dr. DeFran zo. We note that a 1993 a [sic] ne rve conduction study specifically ruled out carpal tunnel syndrome. Any finding that the claimant had osteoarthritis appeared to be incidental to other treatment she received. We also note there was never any definitive diagnosis of this condition, only a suspicion. We are cognizant of the repo rt of Dr. [Stephen] Leibovic, who ha s found the clai mant does not have deQuervain's di sease, but had CMC synovitis and multiple inflammatory complaints known as diffuse syno vitis or

- 2 -fibromyalgia. We find, after considering all medical report s, that Dr. DeFr anzo is in the best position to dete rmine the na ture of claimant's condition. He has treated her for more than seven year s, and has had the opportunity to observ e her on a regular basis. In his depositi on, he was positive in his diagnosis of deQuervain's syndrome, noting that perhaps at the time she was evaluated by Dr. Leibov ic it was after she had received treatment by injection and her symptoms were not as acute. "Medical evidence is not ne cessarily conclu sive, but is subject to the commis sion's consideratio n and weig hing." Hungerford Mechanic al Corp. v. Hobson , 11 Va. App. 675, 677, 401 S.E.2d 213, 215 (199 1). In its role as fact finder, the commission was entitled to weigh the medical evidence , to accept Dr. DeFranzo's opinions , and to reject Dr. Le ibovic's opinions. Dr. DeFranzo's medical record s and opinions, coupled with claimant's testimony, constitute credible ev idence to support the commission's decision. During his depositi on, Dr. DeFr anzo did not indicate that any of his opinions re garding the ca usation of claimant's right arm problems would change as a result of receiving info rmation from employer's co unsel regardin g claimant's medical records an d past medical tr eatment. "'[W]hen an attending physician is positive in his diagnosis . . . , great weight will be given by the courts to his op inion.'" Pilot Freight Carriers,

Inc. v. Reeves , 1 Va. App. 435, 439, 339 S.E.2d 570, 572 (1986) (citations omitted). "T he fact that there is contrary evidence in the record is of no consequence if there is credible evidence to

- 3 -support the co mmission's finding." Wagner Enters., Inc. v. Brooks , 12 Va. App. 890, 894, 407 S.E.2d 32, 35 (1991). For the reasons stated, we affirm the commission's decision. Affirmed.

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