COURT OF APPEALS OF VIRGINIA 

Present: Judges Benton, Coleman and Willis 

CITY OF VIRGINIA BEACH SCHOOL BOARD 

 MEMORANDUM OPINION* v. Record No. 3048-97-1 PER CURIAM 

 JUNE 2, 1998 

OBED FLOYD CHAPPELL 

 FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION 

 (George J. Dancigers; Patrick M. Mayette; 

Heilig, McKenry, Fraim & Lollar, on briefs), 

for appellant. 

 (John H. Klein; Rutter & Montagna, on brief), 

for appellee. 

 City of Virginia Beach School Board ("employer") contends 

that the Workers' Compensation Commission erred in finding that 

Obed Floyd Chappell proved that his right knee condition and 

disability commencing January 4, 1997 were causally related to 

his December 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. See Rule 5A:27. 

 "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 

 

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

designated for publication. 
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commission." Penley v. Island Creek Coal Co., 8 Va. App. 310, 

318, 381 S.E.2d 231, 236 (1989). 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). 

 On December 22, 1995, Chappell injured his right knee while 

working for employer as a construction inspector. Chappell had 

no history of right knee problems before December 22, 1995. 

 After treating with several physicians, Chappell began 

treating with Dr. Arthur Wardell, an orthopedic surgeon, on 

November 7, 1996. Dr. Wardell reviewed the medical records of 

Chappell's prior treating physicians and a May 21, 1996 MRI. As 

a result of that review and his examination of Chappell, Dr. 

Wardell opined that Chappell suffered from traumatic synovitis in 

his right knee and an internal tear of the medial meniscus which 

were caused by Chappell's December 22, 1995 work-related 

accident. 

 When Chappell's knee pain worsened, Dr. Wardell performed an 

arthroscopic medial meniscus repair on Chappell's right knee on 

February 18, 1997. Dr. Wardell opined that Chappell's worsening 

knee pain indicated that the internal tear had broken through the 

surface of the medial meniscus. Upon his consideration of 

Chappell's history, the objective and subjective findings 

reported by Chappell's prior treating physicians, and the May 21, 

1996 MRI, Dr. Wardell related Chappell's injury to the December 
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22, 1995 work-related accident. Dr. Wardell noted that the tear 

he observed during the February 18, 1997 arthroscopy was in the 

same location revealed on the May 21, 1996 MRI and was consistent 

with Chappell's reported symptoms. 

 In finding that Chappell sustained his burden of proving 

that his right knee condition and disability commencing January 

4, 1997 were causally related to his December 22, 1995 injury by 

accident, the commission found as follows: 

 [W]e . . . give greater weight to the opinion 

and conclusions of Dr. Wardell, whose medical 

reports and testimony we find more reliable 

in this case. Like the Deputy Commissioner, 

we reject Dr. [Sheldon L.] Cohn's conclusion 

on October 24, 1996 that this was somehow a 

personal injury unrelated to his work 

accident, or his finding that [Chappell] had 

somehow recovered from his knee injury, even 

as he reported "anterior knee pain which 

appears to be patellofemoral syndrome." We 

note that there is nothing in the record to 

show a prior medical history of knee injury, 

and Chappell was until the acknowledged 

accident on December 22, 1995 able to perform 

his regular work. The medical records show 

persistent knee problems since that accident, 

and the medial meniscus tear was diagnosed as 

early as February 9, 1996 and manifest on the 

MRI study of May 21, 1996. 

 "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, to accept 

Dr. Wardell's opinions, and to reject any contrary medical 

opinions. Dr. Wardell's medical reports and opinions constitute 
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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). 

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

Affirmed.