COURT OF APPEALS OF VIRGINIA 

Present: Judges Bray, Annunziata and Overton 

P.D. INTERIORS, INC. 

AND 

TRANSPORTATION INSURANCE COMPANY 

 MEMORANDUM OPINION*

v. Record No. 0058-97-3 PER CURIAM 

 JUNE 17, 1997 

JAMES RICHARD ARMISTEAD 

 FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION 

 (Roya Palmer; Law Offices of Richard A. 

Hobson, on brief), for appellants. 

 (George L. Townsend; Chandler, Franklin & 

O'Bryan, on brief), for appellee. 

 P.D. Interiors and its insurer (hereinafter collectively 

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

Commission (commission) erred in finding that James R. Armistead 

(claimant) proved that he sustained a change-in-condition on 

November 2, 1995 causally related to his compensable February 22, 

1995 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. 

 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 factual finding that will 

 

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

designated for publication. 
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not be disturbed on appeal if there is credible evidence to 

support the finding." Ingersoll-Rand Co. v. Musick, 7 Va. App. 

684, 688, 376 S.E.2d 814, 817 (1989). 

 On February 22, 1995, claimant sustained a compensable 

injury by accident to his right knee. Dr. George Godette, 

claimant's treating orthopedic surgeon, performed right knee 

arthroscopy and a partial medial meniscectomy on March 28, 1995. 

 Dr. Godette released claimant to return to full duty in June 

1995. On November 2, 1995, claimant's knee buckled as he walked 

on a clear smooth surface at work, causing him to have to catch 

himself to prevent a fall. On November 10, 1995, claimant again 

sought treatment with Dr. Godette, stating that he had reinjured 

his knee. Dr. Godette recommended a knee brace. On January 19, 

1996, Dr. Godette performed a right knee ACL reconstruction. 

Claimant has been unable to work since the November 2, 1995 

incident. 

 Dr. Godette indicated in response to a questionnaire 

prepared by claimant's counsel that the November 1995 injury 

constituted an aggravation of the claimant's compensable February 

1995 injury by accident. In his June 13, 1996 deposition 

testimony, Dr. Godette stated that the initial injury to the 

medial collateral ligament made claimant's knee unstable. Dr. 

Godette also stated that if the November 1995 incident 

constituted minimal trauma, as the evidence showed in this case, 

then it would be his opinion that claimant would not have 
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sustained the November 1995 injury absent the February 1995 

injury. 

 Dr. Godette's opinions constitute credible evidence to 

support the commission's findings. In its role as fact finder, 

the commission was entitled to weigh the medical evidence and to 

accept Dr. Godette's opinions. "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). "In 

determining whether credible evidence exists, the appellate court 

does not retry the facts, reweigh the preponderance of the 

evidence, or make its own determination of the credibility of the 

witnesses." Wagner Enters., Inc. v. Brooks, 12 Va. App. 890, 

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

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

 Affirmed.