COURT OF APPEALS OF VIRGINIA 

Present: Chief Judge Fitzpatrick, Judges Baker and Elder 

ANITA A. MILLER 

 MEMORANDUM OPINION*

v. Record No. 1571-97-4 PER CURIAM 

 DECEMBER 9, 1997 

FAIRFAX COUNTY SCHOOL BOARD 

 FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION 

 (Stephen T. Conrad; Curran & Whittington, on 

brief), for appellant. 

 (Michael N. Salveson; Hunton & Williams, on 

brief), for appellee. 

 Anita A. Miller (claimant) contends that the Workers' 

Compensation Commission erred in finding that she failed to prove 

that her January 25, 1994 compensable injury by accident caused a 

material aggravation of her lower back condition resulting in 

disability from January 25, 1994 through September 13, 1996. 

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 claimant's evidence 

sustained her burden of proof, the commission's findings are 

binding and conclusive upon us. See Tomko v. Michael's 

 

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

designated for publication. 
 2 

Plastering Co., 210 Va. 697, 699, 173 S.E.2d 833, 835 (1970). 

 In denying claimant's application, the commission found as 

follows: 

 After careful Review of the entire 

medical record, we find that Dr. [H. Edward] 

Lane's opinion is based on a significantly 

incomplete history and inaccurate information 

regarding the severity of the claimant's 

complaints prior to the January, 1994, 

accident. We therefore do not afford 

significant weight to his opinion. Moreover, 

Dr. Lane defers to Dr. [Robert M.] Gorsen, 

who relates the claimant's back condition 

solely to the November, 1992, motor vehicle 

accident. We conclude that the greater 

weight of the evidence establishes an ongoing 

back condition which was not materially 

aggravated by the January 25, 1994, slip and 

fall. 

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

weigh the medical evidence, accept the opinion of Dr. Gorsen, and 

reject the contrary opinion of Dr. Lane. "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). Dr. Lane based his opinion concerning causation 

upon an inaccurate and incomplete 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). 

 Absent Dr. Lane's opinion, no medical evidence established 

that claimant's January 25, 1994 compensable slip and fall caused 

a material aggravation of her pre-existing back condition 
 3 

resulting in disability from January 25, 1994 through September 

13, 1996. Accordingly, we cannot find as a matter of law that 

claimant's evidence sustained her burden of proof. 

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

 Affirmed.