COURT OF APPEALS OF VIRGINIA 

Present: Judges Benton, Humphreys and Retired Judge Duff∗

FOOD LION, INC. 

 MEMORANDUM OPINION∗∗

v. Record No. 2180-00-3 PER CURIAM 

 JANUARY 30, 2001 

DARRELL ELWOOD MILGRIM 

 FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION 

 (Cathie W. Howard; Pierce & Howard, P.C., on 

brief), for appellant. Appellant submitting 

on brief. 

 (Ginger J. Largen; Morefield Kendrick Hess & 

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

Appellee submitting on brief. 

 Food Lion, Inc. appeals a decision of the Workers' 

Compensation Commission awarding benefits to Darrell Elwood 

Milgrim. Food Lion contends that the commission erred in 

finding that Milgrim's current psychiatric and orthopedic 

conditions and resulting treatment and disability are causally 

related to his compensable October 27, 1997 injury by accident. 

We affirm the award. 

 ∗

 Retired Judge Charles H. Duff took part in the 

consideration of this case by designation pursuant to Code 

§ 17-1.400(D). 

∗∗ Pursuant to Code § 17.1-413, 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). 

Furthermore, we are required to uphold factual findings made by 

the commission if those findings are supported by credible 

evidence. See James v. Capitol Steel Constr. Co., 8 Va. App. 

512, 515, 382 S.E.2d 487, 488 (1989). 

Psychiatric Condition

 In ruling that Milgrim's psychiatric treatment and 

resulting disability are causally related to his compensable 

work injury, the commission found as follows: 

The medical record reflects that [Milgrim] 

first received psychiatric treatment in 

April 1999, and was diagnosed with major 

depression. We have before us only two 

medical opinions regarding the issue of 

whether this condition is causally related 

to the industrial accident of October 27, 

1997. Both Dr. [James B.] Stone[, III] and 

Dr. [Neil] Dubner concluded that there was a 

causal relationship. These opinions remain 

uncontradicted, and are consistent with 

[Milgrim's] testimony at the hearing as well 

as contemporaneous medical reports. Dr. 

[Trip] Gardner opined that [Milgrim] was 

totally disabled from his psychiatric 

condition. No physician or psychiatrist has 

since found [Milgrim] capable of returning 

to work in any capacity from a psychiatric 

standpoint. 

 The uncontradicted opinions of Drs. Stone, Dubner, and 

Gardner, coupled with Milgrim's testimony and the 

contemporaneous medical records, constitute credible evidence to 
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support the commission's findings. Therefore, those findings 

are binding and conclusive upon us on appeal. 

Orthopedic Condition

 In ruling that Food Lion failed to prove that Milgrim's 

current orthopedic condition and resulting disability are not 

causally related to his compensable work injury, the commission 

found as follows: 

 We cannot determine whether Dr. 

[Murray] Joiner [was] aware of [Milgrim's] 

pre-injury duties when he concluded that 

[Milgrim] had reached "baseline." Further, 

we cannot determine whether Dr. Joiner had 

access to all of [Milgrim's] medical records 

documenting treatment prior to October 1997. 

We do not find Dr. Joiner's opinion 

persuasive on this issue. We note in 

passing that Dr. Joiner offered his opinion 

on the issue solely from an objective 

orthopedic standpoint, and did not address 

the issue of whether [Milgrim's] complaints 

of continuing pain were either causally 

related to the work injury or disabling. 

This component was only addressed by Dr. 

Stone and Dr. Dubner. 

 Dr. [James] Leipzig and Dr. [Paul] 

Morin offered opinions in agreement with Dr. 

Joiner. However, Dr. Leipzig had not 

examined [Milgrim] for approximately 10 

months prior to rendering his opinion, and 

Dr. Morin had not evaluated [Milgrim] for 

more than 15 months as of February 14, 2000. 

Additionally, the opinions offered addressed 

the issue of causation and disability only 

from an objective orthopedic standpoint 

without addressing the issue of pain or 

psychiatric disability. We also note that 

we cannot determine whether these physicians 

were fully aware of [Milgrim's] pre-injury 

work duties. We find these opinions to be 

of little probative value. 
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 Dr. Stone opined that [Milgrim's] 

pre-existing condition predisposed him to 

recurrent injury, and that his current 

symptoms of pain are causally related to the 

industrial accident. Dr. [James] Vascik 

likewise found a causal relationship and 

directly addressed [Milgrim's] current 

ability to stand for prolonged periods and 

lift up to 70 pounds. The greater weight of 

the evidence leads to the conclusion that 

[Milgrim] is not capable of performing these 

tasks. We find the opinions of Dr. Stone 

and Dr. Vascik to be persuasive. 

 The opinions of Drs. Stone and Vascik support the 

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

commission weighed the medical evidence and accepted the 

opinions of Drs. Stone and Vascik, while rejecting the contrary 

opinions of Drs. Joiner, Leipzig, and Morin. "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). Moreover, "[q]uestions raised by conflicting medical 

opinions must be decided by the commission." Penley v. Island 

Creek Coal Co., 8 Va. App. 310, 318, 381 S.E.2d 231, 236 (1989). 

 Because the medical evidence was subject to the 

commission's factual determination, we cannot find as a matter 

of law that the evidence proved that Milgrim's current 

orthopedic condition and resulting disability are not causally 

related to his compensable work injury. 
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 For these reasons, we affirm the commission's decision. 

Affirmed.