COURT OF APPEALS OF VIRGINIA 

Present: Judges Benton, Coleman and Willis 

WAMPLER-LONGACRE, INC. 

AND 

PACIFIC EMPLOYERS INSURANCE COMPANY 

 MEMORANDUM OPINION*

v. Record No. 1756-97-4 PER CURIAM 

 DECEMBER 9, 1997 

KATHY S. CUSTER 

 FROM THE VIRGINIA 

WORKERS' COMPENSATION COMMISSION 

 (Cathleen P. Welsh; Wharton, Aldhizer 

& Weaver, on brief), for appellants. 

 (Kermit L. Racey; Racey & Racey, on brief), 

for appellee. 

 Wampler-Longacre, Inc. and its insurer (hereinafter referred 

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

Commission erred in finding that Kathy Custer proved (1) that her 

post-April 1994 right shoulder and right arm symptoms were 

causally related to her 1992 compensable right shoulder injury; 

and (2) that she was totally disabled after October 11, 1995, 

and, therefore, she did not have a duty to market any residual 

capacity. 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. 

 

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

designated for publication. 
 2 

Causation

 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). "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 finding that Custer sustained her burden of proving a 

compensable change-in-condition, the commission found as follows: 

 [Custer's] medical treatment and disability 

have been caused, at least in part, by the 

1992 compensable injury. Dr. [Galen] Craun 

stated on April 21, 1994, that "I believe she 

has a cervical neuritis as well as rotator 

cuff tendinitis from prior repair." In his 

disability statement on May 18, 1994, he 

indicated a diagnosis of status post right 

shoulder cuff reinjury. In his letter to the 

carrier dated June 28, 1994, Dr. Craun wrote, 

"I have seen Kathy Custer with complaints of 

severe pain in the shoulder, shoulder blade, 

and right upper thoracic area. She has been 

symptomatic since her rotator cuff repair by 

Dr. Edward Chappell. . . . On the same date, 

he diagnosed myofascial pain syndrome and 

rotator cuff tendinitis, right shoulder. On 

September 19, 1994, Dr. Craun wrote: "I can 

only conclude that the patient's current 

situation stems from her February 10, 1992 

condition since she has had as much pain 

after her surgery in 1992 as she did before. 

 In other words, she has continued to be 

symptomatic throughout her post-operative 

course stemming back to 1992. 
 3 

 "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. Craun's opinions, and to reject any contrary medical 

opinions. Dr. Craun's opinions, along with Custer's account of 

continuing symptoms, 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). 

Disability

 In ruling that Custer remained totally disabled since July 

18, 1994, and had not been released to return to work, the 

commission found as follows: 

 Dr. Craun excused [Custer] from work on [July 

18, 1994]. Dr. [Glenn] Deputy took her out 

of work on August 9, 1994. Dr. [D.L.] Perry 

declared her disabled on August 24, 1994, and 

on January 5, 1995, until further notice. 

Dr. Perry reported her "still off work" in 

February and July, 1996. There has been no 

release to return to work, and [Custer's] 

testimony is that she remains symptomatic. 

 The commission was entitled to accept the opinions of 

Drs. Craun, Deputy, and Perry. These opinions, coupled with 

claimant's continuing symptoms, constitute credible evidence to 

support the commission's findings. Therefore, those findings are 
 4 

conclusive on appeal. See James v. Capitol Steel Constr. Co., 8 

Va. App. 512, 515, 382 S.E.2d 487, 488 (1989). "In determining 

whether credible evidence exists, the appellate court does not 

retry the facts, reweigh the preponderance of the evidence, or 

make its own determination of the credibility of the witnesses." 

Wagner, 12 Va. App. at 894, 407 S.E.2d at 35. 

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

 Affirmed.