COURT OF APPEALS OF VIRGINIA 

Present: Judges Benton, Coleman and Willis 

COMMUNITY MEMORIAL HEALTHCENTER 

 AND THE VIRGINIA INSURANCE RECIPROCAL 

 MEMORANDUM OPINION*

v. Record No. 1654-98-2 PER CURIAM 

 DECEMBER 8, 1998 

PINKIE A. CRUTE 

 FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION 

 (Andrea L. Bailey; Crews & Hancock, on 

briefs), for appellants. 

 (Gerald G. Lutkenhaus, on brief), for 

appellee. 

 Community Memorial Healthcenter and its insurer (hereinafter 

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

Commission ("commission") erred in finding that Pinkie A. Crute's 

("claimant") cervical disc injury was causally related to her 

compensable November 20, 1995 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. See 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). "The 

actual determination of causation is a factual finding that will 

not be disturbed on appeal if there is credible evidence to 

 

 *Pursuant to Code § 17.1-413, recodifying Code § 17-116.010, 

this opinion is not designated for publication. 
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support the finding." Ingersoll-Rand Co. v. Musick, 7 Va. App. 

684, 688, 376 S.E.2d 814, 817 (1989). 

 In ruling that claimant's cervical disc injury was causally 

related to her compensable injury by accident, the commission 

found as follows: 

 [I]t is significant that the claimant 

complained of radiating pain into the 

shoulder joint at the time of that first 

visit [in July 1996 to Dr. Sukri 

Vanichkachorn ("Dr. Van")]. Also, she 

testified to initial symptoms going up into 

her arm. 

 . . . Dr. [Anthony] Velo made the 

affirmative statement that the claimant was 

being seen for injuries sustained at work and 

referred to the subject accident. He then 

referred to the neck complaints, the results 

of studies, and his treatment plan. Even if 

this is not interpreted to be a clear opinion 

on causation, a reasonable implication is 

that Dr. Velo related the neck complaints to 

the compensable accident. 

* * * * * * * 

 [The claimant's] early symptoms were 

consistent with cervical involvement in that 

she experienced tingling and swelling going 

up her arm. Even though Dr. Van's initial 

medical record does not reference neck pain, 

it does refer to pain radiating up to the 

elbow and shoulder joint. When the foregoing 

symptoms are coupled with Dr. Velo's report 

of January 2, 1997, there is sufficient 

evidence to support the Deputy Commissioner's 

finding of causation between the neck injury 

and the compensable accident. 

 "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 
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S.E.2d 213, 215 (1991). "The testimony of a claimant may also be 

considered in determining causation, especially where the medical 

testimony is inconclusive." Dollar General Store v. Cridlin, 22 

Va. App. 171, 176, 468 S.E.2d 152, 154 (1996). 

 Based upon the medical records of Drs. Vanichkachorn and 

Velo, coupled with claimant's testimony that she had tingling and 

swelling going from her fingers to her elbow beginning on July 

20, 1995 after the compensable accident, the commission, as fact 

finder, could reasonably infer that claimant's cervical disc 

injury was causally related to her compensable injury by 

accident. "Where reasonable inferences may be drawn from the 

evidence in support of the commission's factual findings, they 

will not be disturbed by this Court on appeal." Hawks v. Henrico 

County Sch. Bd., 7 Va. App. 398, 404, 374 S.E.2d 695, 698 (1988). 

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

 Affirmed.