COURT OF APPEALS OF VIRGINIA 

Present: Judges Baker, Elder and Fitzpatrick 

CURTIS TONY BEVERLY 

v. Record No. 0430-97-3 MEMORANDUM OPINION*

 PER CURIAM 

TOWN OF WISE JULY 15, 1997 

AND 

VIRGINIA MUNICIPAL GROUP 

 SELF-INSURANCE ASSOCIATION 

FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION 

 (Paul L. Phipps; Lee & Phipps, on brief), 

for appellant. 

 (James R. Hodges; White, Bundy, McElroy, 

Hodges & Sargent, on brief), for appellees. 

 Curtis Tony Beverly (claimant) contends that the Workers' 

Compensation Commission (commission) erred in finding that he 

failed to prove he had remained totally disabled since March 7, 

1996 as a result of his compensable February 24, 1994 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. 

 "General principles of workman's compensation law provide 

that '[i]n an application for review of any award on the ground 

of change in condition, the burden is on the party alleging such 

change to prove his allegations by a preponderance of the 

 

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

designated for publication. 
 2 

evidence.'" Great Atl. & Pac. Tea Co. v. Bateman, 4 Va. App. 

459, 464, 359 S.E.2d 98, 101 (1987) (quoting Pilot Freight 

Carriers, Inc. v. Reeves, 1 Va. App. 435, 438-39, 339 S.E.2d 570, 

572 (1986)). Unless we can say as a matter of law that 

claimant's evidence sustained his burden of proof, the 

commission's findings are binding and conclusive upon us. See

Tomko v. Michael's Plastering Co., 210 Va. 697, 699, 173 S.E.2d 

833, 835 (1970). 

 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). 

 Dr. James Travis Burt, the treating neurosurgeon, performed 

spine surgery on claimant on December 1, 1995. Dr. Burt released 

claimant to return to work without restrictions as of January 30, 

1996. Dr. Burt confirmed that release on July 2, 1996. 

 Dr. Thomas E. Renfro, an internist who treated claimant, 

opined that as a result of both his physical and mental 

condition, claimant remained totally disabled since March 8, 

1996. 

 Dr. Russell D. McKnight, who treated claimant for 

psychiatric problems, opined that claimant had been disabled 

since March 11, 1996. Dr. Steven Morgan, a psychiatrist and 

neurologist, and Dr. Richard Salamone, a psychologist, who 

examined claimant at employer's request in August 1996, opined 

that claimant was not disabled. 
 3 

 Based upon the opinions of Drs. Burt, Morgan, and Salamone, 

we cannot find as a matter of law that claimant proved he 

remained totally disabled since March 7, 1996 as a result of his 

compensable injury by accident. The commission, in its role as 

fact finder, was entitled to weigh the medical evidence, to 

accept the opinions of Drs. Burt, Morgan, and Salamone, and 

reject the contrary opinions of Drs. Renfro and McKnight. 

"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). The commission's rejection 

of the opinions of Drs. Renfro and McKnight is supported by the 

fact that those physicians lacked claimant's complete and 

accurate medical history. Where a medical opinion is based upon 

an incomplete or inaccurate medical history, the commission is 

entitled to conclude that the opinion is of little probative 

value. See Clinchfield Coal Co. v. Bowman, 229 Va. 249, 251-52, 

329 S.E.2d 15, 16 (1985). 

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

 Affirmed.