COURT OF APPEALS OF VIRGINIA 

Present: Judges Baker, Elder and Fitzpatrick 

WRANGLER, INC. 

 MEMORANDUM OPINION*

v. Record No. 0895-97-4 PER CURIAM 

 SEPTEMBER 2, 1997 

COLLEEN D. GREENE KIRTLEY 

 FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION 

 (J. David Griffin; Fowler, Griffin, Coyne & 

Coyne, on briefs), for appellant. 

 (George Warren Shanks, on brief), for 

appellee. 

 Wrangler, Inc. contends that the Workers' Compensation 

Commission (commission) erred in finding that (1) Colleen Greene 

Kirtley's (claimant) continuing left upper extremity problems are 

causally related to her compensable deQuervain's disease; and (2) 

claimant proved she is disabled from performing her pre-injury 

work as a result of symptoms related to her compensable 

deQuervain's disease. 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. 

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 

 

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

designated for publication. 
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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 claimant sustained her burden of proving a 

compensable change in condition, the commission found as follows: 

 The claimant's credible testimony 

that she suffered continual 

problems after the deQuervain's 

release is corroborated by the 

medical histories recorded by Dr. 

[Charles S.] Miller, Dr. [Gary W.] 

Dotson, and Dr. [Irvin E.] Hess's 

office personnel when the claimant 

returned to Dr. Hess on September 

22, 1995. 

 We find that Dr. Hess's 

opinion regarding causation is not 

positive, as asserted by the 

employer, but rather, is shaded by 

doubt. In March 1996, Dr. Hess 

admitted that the claimant's 

symptoms date back to the time of 

her treatment for deQuervain's 

tenosynovitis. However, without 

further explanation, he summarily 

concluded that he could not 

"directly" relate the current 

problems to the deQuervain's 

disease. Dr. Miller, on the other 

hand, unequivocally relates the 

claimant's continuing symptoms to 

her work-related condition. 

 While we have stated that the opinion of the treating 

physician is entitled to great weight, Pilot Freight Carriers, 
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Inc. v. Reeves, 1 Va. App. 435, 439, 339 S.E.2d 570, 572 (1986), 

the law does not require that the treating physician's opinion be 

accepted over that of others. Moreover, "[m]edical 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). 

Accordingly, in its role as fact finder, the commission was 

entitled to weigh the medical evidence, to accept Dr. Miller's 

opinion, and to reject Dr. Hess' opinion. Dr. Miller's opinion, 

coupled with claimant's testimony, constitutes 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

 Employer contends that the commission erred in finding that 

claimant was not capable of returning to her pre-injury work due 

to symptoms related to her compensable deQuervain's disease, and 

in holding employer responsible for the cost of Dr. Miller's 

medical treatment. We disagree. 

 The commission was entitled to accept Dr. Miller's May 29, 

1996 unequivocal opinion that claimant could not perform her 

pre-injury job, which entailed repetitive movements of her arms 

and hands, and to reject the contrary opinion of Dr. Hess. Dr. 
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Miller's opinion provides credible evidence to support the 

commission's finding that claimant was not capable of performing 

her pre-injury work. The commission's finding that claimant made 

good faith efforts to market her residual work capacity after 

August 12, 1996 is not challenged on appeal by employer. 

Accordingly, because credible evidence supports the commission's 

decision, it is binding and conclusive upon us. See James v. 

Capitol Steel Constr. Co., 8 Va. App. 512, 515, 382 S.E.2d 487, 

488 (1989). 

 In addition, we find no merit in employer's argument that it 

should not be held responsible for the cost of Dr. Miller's 

medical treatment. Credible evidence proved that Dr. Miller 

treated claimant for symptoms causally related to her compensable 

deQuervain's disease. Furthermore, Dr. Miller was claimant's 

original authorized treating physician before referring her to 

Dr. Hess. 

 Claimant's request for costs and attorney's fees is denied. 

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

 Affirmed.