COURT OF APPEALS OF VIRGINIA 

Present: Chief Judge Fitzpatrick, Judges Frank and Clements 

SERGEANTS PET PRODUCTS AND 

 CONAGRA FOODS, INC. 

 MEMORANDUM OPINION*

v. Record No. 2360-02-2 PER CURIAM 

 JANUARY 14, 2003 

CHARLES LEO HARRISON, SR. 

 FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION 

 (Kathryn Spruill Lingle; Theisen & Lingle, 

P.C., on brief), for appellants. 

 (Gerald G. Lutkenhaus; The Law Office of 

Gerald G. Lutkenhaus, on brief), for 

appellee. 

 Sergeants Pet Products and Conagra Foods, Inc. (hereinafter 

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

Commission erred in finding that Charles Leo Harrison, Sr. 

proved that he (1) sustained a change-in-condition, and is 

entitled to temporary partial disability benefits commencing 

October 13, 2001; and (2) adequately marketed his residual work 

capacity. Upon reviewing the record and the parties' briefs, we 

conclude that this appeal is without merit. Accordingly, we 

summarily affirm the commission's decision. Rule 5A:27. 

 

* Pursuant to Code § 17.1-413, this opinion is not 

designated for publication. 
- 2 - 

Disability

 On appeal, we view the evidence in the light most favorable 

to the prevailing party below. R.G. Moore Bldg. Corp. v. 

Mullins, 10 Va. App. 211, 212, 390 S.E.2d 788, 788 (1990). 

Factual findings made by the commission will be upheld on appeal 

if supported by credible evidence. See James v. Capitol Steel

Constr. Co., 8 Va. App. 512, 515, 382 S.E.2d 487, 488 (1989). 

 So viewed, the evidence proved that on February 2, 1998, 

while working for employer as a packing mechanic, claimant 

sustained a compensable crush injury to his dominant right hand. 

His pre-injury job required that he operate various machines and 

lift rolls of wrap weighing fifty to one-hundred pounds and 

place them on machines. He also had to use tools to adjust 

nuts, bolts, and screws. Claimant testified that he could no 

longer use tools because he did not have enough strength in his 

right hand. 

 On March 12, 1998, Dr. Garpal S. Bhuller released claimant 

to return to his pre-injury work. 

 On November 12, 1998, Dr. Glenn Carwell noted "point 

tenderness over apparent neuromas stemming from the radial nerve 

on the dorsum of his right hand where they terminate in scar 

tissue from the previous lacerations." Dr. Carwell advised 

claimant that "this problem might be improved by resecting the 

neuromas in transplanting the blind nerve endings to an area 

where they would be less likely to be irritated within the 
- 3 - 

dorsal interosseous muscles." Dr. Carwell also saw a small 

nodule over the volar aspect of the ring finder, which was 

either a scar reaction to the injury or a possible giant cell 

tumor of the tendon sheath. Dr. Carwell recommended resecting 

the mass. 

 In January 1999, Dr. Raymond Iglecia, Sr., who had been 

treating claimant since October 1998, noted claimant's diagnoses 

of Reflex Sympathetic Dystrophy of the right hand and chronic 

pain disorder. Dr. Iglecia noted that claimant was totally 

disabled as a result of his work injury. 

 On September 1, 2000, Dr. Carwell performed surgery for the 

neuromas. On February 11, 2001, claimant returned to 

Dr. Bhuller, who noted that there had been little change in 

claimant's hand function since 1999, and indicated that he would 

determine claimant's work capacity after an evaluation by a hand 

therapist. 

 In March 2001, Dr. Iglecia opined that claimant had 

developed classic signs of a chronic pain disorder secondary to 

his compensable injury. 

 On March 16, 2001, Dr. Lawrence Morales gave claimant an 

eight percent permanency rating for his right hand causally 

related to his February 2, 1998 compensable injury by accident. 

On October 24, 2001, Dr. Morales opined that claimant could not 

perform his pre-injury work. 
- 4 - 

 Claimant's medical records provide credible evidence to 

support the commission's conclusion that claimant sustained a 

change in condition and is entitled to partial disability 

benefits commencing October 13, 2001. The medical records prove 

that claimant's pain has worsened; that he underwent surgery in 

September 2000, that he received an eight percent permanency 

rating in March 2001, and that he is currently unable to perform 

his pre-injury work. Accordingly, we will not disturb the 

commission's finding on appeal. 

II. Marketing

 A partially disabled employee is required to make 

reasonable efforts to market his residual earning capacity to be 

entitled to receive continued benefits. See National Linen

Serv. v. McGuinn, 8 Va. App. 267, 269, 380 S.E.2d 31, 33 (1989). 

"In determining whether a claimant has made a reasonable effort 

to market his remaining work capacity, we view the evidence in 

the light most favorable to . . . the prevailing party before 

the commission." Id. at 270, 380 S.E.2d at 33. "What 

constitutes a reasonable marketing effort depends on the facts 

and circumstances of each case." The Greif Cos. v. Sipe, 16 

Va. App. 709, 715, 434 S.E.2d 314, 318 (1993) (citation 

omitted). When the commission's factual determinations are 

supported by credible evidence, they will not be disturbed on 

appeal. Wall St. Deli, Inc. v. O'Brien, 32 Va. App. 217, 

220-21, 527 S.E.2d 451, 453 (2000). The commission determines 
- 5 - 

the weight to give the various criteria it considers. National 

Linen, 8 Va. App. at 272, 380 S.E.2d at 34 (citing relevant 

factors). 

 In ruling that claimant proved he made reasonable efforts 

to market his residual work capacity, the commission found as 

follows: 

[T]he claimant is 63 years old, with an 

eighth grade education. His employment has 

always involved work using his hands. The 

employer gave no job search assistance. The 

claimant registered with the Virginia 

Employment Commission [("VEC")], and 

contacted a number of businesses. He has 

obtained regular employment performing 

custodial duties at his church. Under these 

circumstances, we agree with the deputy 

commissioner that the claimant is entitled 

to temporary partial disability benefits. 

 Claimant provided written documentation of the numerous 

employers from whom he sought employment. He testified that he 

had been employed by his church providing custodial services 

since at least October 2001. He registered with the VEC, which 

had not been able to find him a higher paying job. The 

commission weighed evidence of the degree of claimant's 

impairment, his age, his limited education, his work history, 

his marketing efforts, and the lack of job search assistance 

from employer. Based upon credible evidence in this record and 

taking into account the factors enunciated in National Linen, 

the commission, as fact finder, could reasonably conclude that 

claimant adequately marketed his residual work capacity. "In 
- 6 - 

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 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.