COURT OF APPEALS OF VIRGINIA 

Present: Judges Benton, Coleman and Willis 

WILLIAM L. ADAIR 

 MEMORANDUM OPINION*

v. Record No. 1568-97-2 PER CURIAM 

 DECEMBER 9, 1997 

BUNYON FOREST PRODUCTS AND 

 FIDELITY AND CASUALTY 

 INSURANCE COMPANY 

 FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION 

 (William L. Adair, pro se, on briefs). 

 (Jonathan S. Rochkind; Law Offices of 

Stuart L. Plotnick, on brief), for appellees. 

 William L. Adair contends that the Workers' Compensation 

Commission erred in finding that he failed to prove that his 

current knee problems were causally related to his compensable 

November 22, 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. 

 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). 

Unless we can say as a matter of law that Adair's evidence 

sustained his burden of proving a causal connection between his 

current knee problems and his November 22, 1994 compensable 

 

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

designated for publication. 
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injury by accident, 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). 

 In denying Adair's application, the commission found as 

follows: 

 [Adair's] treating physician for the 

1994 accident was Dr. William O'Brien. 

Dr. O'Brien examined [Adair] on the day after 

the accident and in February 1996 when [he] 

began to have complaints with his right knee. 

 Dr. O'Brien reported that these problems 

were not related to the 1994 accident. 

Although Dr. [Kurt R.] Larson has a contrary 

view "by history," Dr. O'Brien was the only 

physician who examined [Adair] after both 

accidents and was in the best position to 

comment on causation. The Commission gives 

great weight to his Opinion. 

 When we add the treating physician's 

opinion to the facts that [Adair's] 1994 

accident was minor, that it did not cause him 

to miss much time from work, that he did not 

need any medical care for over a year, that 

the right knee problems did not begin until 

after surgery for the second industrial 

accident and [Adair] testified that he 

favored his right knee after that surgery, we 

find [Adair] has not proven his current 

disability is related to the 1994 industrial 

accident. 

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

weigh the medical evidence, to accept Dr. O'Brien's opinion, and 

to reject any contrary medical opinion. "Questions raised by 

conflicting medical opinion must be decided by the commission." 

Penley v. Island Creek Coal Co., 8 Va. App. 310, 318, 381 S.E.2d 

231, 236 (1989). Moreover, "'when an attending physician is 

positive in his diagnosis . . . , great weight will be given by 
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the courts to his opinion.'" Pilot Freight Carriers, Inc. v. 

Reeves, 1 Va. App. 435, 439, 339 S.E.2d 570, 572 (1986) 

(citations omitted). 

 The commission's findings based upon Dr. O'Brien's opinion 

are binding and conclusive upon us. Thus, we cannot say as a 

matter of law that Adair's evidence sustained his burden of 

proving a causal connection between his current knee problems and 

his November 22, 1994 compensable injury by accident. See Tomko, 

210 Va. at 699, 173 S.E.2d at 835. 

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

 Affirmed.