COURT OF APPEALS OF VIRGINIA 

Present: Judges Bray, Annunziata and Overton 

AUGUSTA CORRECTIONAL CENTER/ 

 COMMONWEALTH OF VIRGINIA 

 MEMORANDUM OPINION*

v. Record No. 1147-96-3 PER CURIAM 

 NOVEMBER 12, 1996 

WANDA L. BAZZREA 

 FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION 

 (James S. Gilmore, III, Attorney General; 

Donald G. Powers, Assistant Attorney General, 

on briefs), for appellant. 

 (George L. Townsend; Chandler, Franklin & 

O'Bryan, on brief), for appellee. 

 Augusta Correctional Center/Commonwealth of Virginia 

("employer") contends that the Workers' Compensation Commission 

("commission") erred in denying employer's change in condition 

application on the ground that employer failed to prove that, as 

of September 11, 1995, Wanda L. Bazzrea's ("claimant") disability 

was no longer causally related to her compensable October 1, 1994 

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. 

 "General principles of workman's compensation law provide 

that '[i]n an application for review of any award on the ground 

of change in condition, the burden is on the party alleging such 

 

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

designated for publication. 
 2 

change to prove his allegations by a preponderance of the 

evidence.'" Great Atl. & Pac. Tea Co. v. Bateman, 4 Va. App. 

459, 464, 359 S.E.2d 98, 101 (1987) (quoting Pilot Freight 

Carriers, Inc. v. Reeves, 1 Va. App. 435, 438-39, 339 S.E.2d 570, 

572 (1986)). Unless we can say as a matter of law that 

employer's evidence sustained its burden of proof, the 

commission's findings are binding and conclusive upon us. Tomko 

v. Michael's Plastering Co., 210 Va. 697, 699, 173 S.E.2d 833, 

835 (1970). 

 In denying employer's application, the commission found as 

follows: 

 Dr. [John C.] MacIlwaine continues to treat 

the claimant for complaints related to both 

arms. However, nowhere in his reports does 

he indicate that she has recovered from the 

compensable carpal tunnel syndrome on the 

right [sic].1 Neither does Dr. MacIlwaine 

indicate a date or time frame when the 

claimant's disability ceased to be caused by 

the compensable injury and changed to 

disability caused by a potential occupational 

disease involving one or both arms. Finally, 

it is not clear from his report of September 

11, 1995, which arm symptoms are causing her 

disability or whether the disability is 

caused by symptoms in both arms. If the 

disability is caused, in part, by continuing 

left arm symptoms, no change in condition is 

established. 

 Based upon the ambiguous nature of the opinions expressed by 

Dr. MacIlwaine in his reports concerning the cause of claimant's 

 

 1Employer accepted as compensable disability related to 

claimant's October 1, 1994 left hand and wrist injury, which 

resulted in a left wrist sprain and subsequent carpal tunnel 

syndrome. 
 3 

continuing disability, the commission, as fact finder, was 

entitled to give little weight to Dr. MacIlwaine's September 11, 

1995 opinion. "Medical 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 this record, we cannot find 

as a matter of law that employer's evidence proved that 

claimant's disability after September 11, 1995 was no longer 

causally related to her compensable October 1, 1994 injury by 

accident. 

 Accordingly, we affirm the commission's decision. 

 Affirmed.