COURT OF APPEALS OF VIRGINIA 

Present: Judges Bray, Annunziata and Overton 

GRACE E. FALLS 

 

v. Record No. 1040-96-3 MEMORANDUM OPINION*

 PER CURIAM 

VIRGINIA MENNONITE RETIREMENT OCTOBER 1, 1996 

AND 

CENTURY INDEMNITY COMPANY 

 FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION 

 (A. Thomas Lane, Jr., on brief), for 

appellant. 

 (Douglas A. Seymour, on brief), for 

appellees. 

 Grace E. Falls ("claimant") contends that the Workers' 

Compensation Commission ("commission") erred in finding that her 

current symptomatology concerning her upper back, neck, shoulder 

and cervical condition was not causally related to her 

compensable October 3, 1990 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. 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 

 

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

designated for publication. 
 2 

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 Virginia Mennonite Retirement ("employer") 

sustained its burden of proof, the commission found as follows: 

 The Deputy Commissioner relied heavily on the 

medical records of the claimant's treating 

physician, Dr. [Galen] Craun. In addition to 

relying on Dr. Craun, we also rely on the 

employer medical evaluator, Dr. [George A.] 

Godette, and the medical records reviewer, 

Dr. [James N.] Nutt. We find Dr. Craun's 

deposition testimony credible in that when 

[claimant] first presented to him in October, 

1990, five days after the accident, she 

complained only of low back pain. [Claimant] 

continued treating with Dr. Craun until May 

22, 1991. During this period, Dr. Craun 

testified that [claimant] made no complaints 

for any physical ailment other than her low 

back. Thus, Dr. Craun treated [claimant] 

only for her low back. Dr. Craun's medical 

records corroborate his testimony. We place 

more weight on the treating physician's (Dr. 

Craun's) testimony and contemporaneous 

medical records than the opinions of Dr. 

Riggleman and Dr. Andrea Trescot expressed 

five years after the injury. 

 In its role as fact finder, the commission was entitled to 

weigh the medical evidence and to accept the opinions of Drs. 

Craun, Godette, and Nutt. The commission was also entitled to 

reject the opinions of Drs. Riggleman and Trescot. The opinions 

of Drs. Craun, Godette, and Nutt, as well as Dr. Craun's 

contemporaneous medical records, constitute credible evidence to 
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support the commission's decision. "The existence of 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). 

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

 Affirmed.