COURT OF APPEALS OF VIRGINIA 

Present: Judges Elder, Bumgardner and Lemons 

GOODYEAR TIRE & RUBBER COMPANY 

 AND TRAVELERS INDEMNITY COMPANY 

 OF ILLINOIS 

 MEMORANDUM OPINION*

v. Record No. 1183-98-2 PER CURIAM 

 NOVEMBER 10, 1998 

RUTH A. WILLIAMS 

 FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION 

 (Martha White Medley; Daniel, Vaughan, 

Medley & Smitherman, on brief), for 

appellants. 

 (Peter McIntosh; Michie, Hamlett, Lowry, 

Rasmussen & Tweel, on brief), for appellee. 

 Goodyear Tire & Rubber Company and its insurer (hereinafter 

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

Commission ("commission") erred in finding that Ruth A. Williams 

("claimant") proved that (1) her right carpal tunnel syndrome and 

right hand symptoms were causally related to her November 29, 

1995 compensable injury by accident; and (2) the medical 

treatment rendered by Dr. Frank C. McCue, III was causally 

related to claimant's November 29, 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. See Rule 5A:27. 

 On appeal, we view the evidence in the light most favorable 

 

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

designated for publication. 
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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 

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). "Questions 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). 

 In ruling that claimant sustained her burden of proof, the 

commission found as follows: 

 We find the evidence preponderates in 

proving the claimant's carpal tunnel syndrome 

is causally related to the industrial 

accident. Dr. [Paul] Settle, a family 

practitioner, said it is not. We read Dr. 

[Stephen J.] Leibovic's reports as 

establishing a causal relationship. He said 

on January 9, 1997, that the accident "most 

likely" lead [sic] to a neuropathy of the 

median nerve in the carpal tunnel, on March 

26, 1997, that if the claimant did not have 

numbness and tingling before the accident 

(she testified she did not) then those 

symptoms were caused by the accident and on 

January [sic] 31, 1997,1

 that it was "more 

possible than not" that the accident caused 

her carpal tunnel. Dr. McCue's February 29, 

1996, "Attending Physician's Statement" said 

the claimant's right hand injury was caused 

by the industrial accident. His May 7, 1996, 

report is ambiguous, noting that a single 

injury or repetitive use may cause the 

problem. 

 We, as did the Deputy Commissioner, give 

greater weight to the specialist, Dr. 

 

 1The correct date of Dr. Leibovic's report cited by the 

commission is July 31, 1997. 
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Leibovic's 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, 214 (1991). In its role as fact finder, the 

commission was entitled to weigh the medical evidence and to give 

greater weight to Dr. Leibovic's opinions. Dr. Leibovic's 

medical records and opinions, coupled with claimant's testimony 

that she did not suffer from right hand/wrist symptoms prior to 

the November 29, 1995 injury by accident, constitute 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). 

 Based upon our holding on the causation issue, we find that 

the commission did not err in holding employer responsible for 

Dr. McCue's medical treatment. 

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

 Affirmed.