COURT OF APPEALS OF VIRGINIA 

Present: Judges Benton, Coleman and Willis 

BILLY H. VANCE 

 MEMORANDUM OPINION*

v. Record No. 2604-94-3 PER CURIAM 

 JUNE 27, 1995 

KEEN MOUNTAIN CORRECTIONAL CENTER 

 FROM THE VIRGINIA WORKERS' 

COMPENSATION COMMISSION 

 (John M. Heuser; John A. Martin; Browning & Sharp, on 

brief), for appellant. 

 (James S. Gilmore, III, Attorney General; James W. 

Osborne, Assistant Attorney General, on brief), for 

appellee. 

 Billy H. Vance contends that the Workers' Compensation 

Commission erred in finding that he failed to prove that he was 

unable to return to his pre-injury work due to a psychiatric 

condition causally related to his March 11, 1991 compensable 

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. 

 

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

designated for publication. 

 "[I]t is fundamental that a finding of fact made by the 

Commission is conclusive and binding upon this court on review. 

A question raised by conflicting medical opinion is a question of 

fact." Commonwealth v. Powell, 2 Va. App. 712, 714, 347 S.E.2d 

532, 533 (1986). In cases of conflicting medical evidence, 
 2 

"[t]he general rule is that when an attending physician is 

positive in his diagnosis . . . , great weight will be given by 

the courts to his opinion." McPeek v. P.W. & W. Coal Co., 210 

Va. 185, 188, 169 S.E.2d 443, 445 (1969). 

 "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 

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 Vance's 

evidence sustained his 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). 

 The commission accepted the opinion of Dr. Glenn Freeman, 

the treating physician, who opined that Vance could not have 

"injured his psyche as a result of a fall onto his buttock and 

knee." Dr. Freeman did not believe that Vance suffered any 

significant psychological stress as a result of the 

rehabilitation he was undergoing for his compensable injuries. 

Dr. Freeman stated that any psychological problems that Vance was 

experiencing were not causally related to his compensable injury 

by accident. The commission rejected the contrary opinion of Dr. 

Morgan E. Scott, a psychiatrist who examined Vance at the 
 3 

employer's request. Two additional psychiatrists who examined 

Vance, Drs. Stephen Fulmer and David Forester, did not render an 

opinion concerning causation. Dr. Freeman's opinion constitutes 

credible evidence to support the commission's decision. "The 

fact that there is contrary evidence in the record is of no 

consequence if there is credible evidence to support the 

commission's finding." Wagner Enters., Inc. v. Brooks, 12 Va. 

App. 890, 894, 407 S.E.2d 32, 35 (1991). 

 Accordingly, we cannot say as a matter of law that Vance's 

evidence sustained his burden of proof. Therefore, the decision 

is affirmed. 

 Affirmed.