COURT OF APPEALS OF VIRGINIA 

Present: Judges Bray, Annunziata and Overton 

LARRY DEAN BARTLEY 

v. Record No. 2004-96-2 MEMORANDUM OPINION*

 PER CURIAM 

CAROLINA STEEL CORPORATION AND FEBRUARY 4, 1997 

 LIBERTY MUTUAL INSURANCE COMPANY 

 FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION 

 (Robert L. Flax; Flax & Stout, on brief), for 

appellant. 

 (Gregory T. Casker; Daniel, Vaughan, Medley & 

Smitherman, on brief), for appellees. 

 Larry Dean Bartley (claimant) contends that the Workers' 

Compensation Commission (commission) erred in awarding him 

permanent partial disability benefits based upon a 12.5% 

impairment rating to his right knee rather than awarding him 

benefits based upon the entire 25% impairment rating rendered by 

Dr. Robert W. Sydnor. 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. R.G. Moore Bldg. Corp. v. 

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

 So viewed, the evidence showed that Dr. Sydnor, claimant's 

 

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

designated for publication. 
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treating orthopedic surgeon, opined that claimant's right knee 

injury caused by his November 18, 1993 compensable industrial 

accident was superimposed on preexisting degenerative changes in 

claimant's right knee, which were causally related to a 1979 

accident. Dr. Sydnor opined that claimant suffered from a 25% 

impairment of his right lower extremity. Dr. Sydnor stated that 

12.5% of the 25% impairment rating was causally related to 

preexisting degenerative changes in claimant's right knee due to 

the 1979 injury and 12.5% of the rating was causally related to 

claimant's compensable November 18, 1993 industrial injury. 

Claimant's testimony, which was corroborated by two witnesses, 

established that claimant suffered no loss of use of his right 

leg prior to the November 18, 1993 industrial injury. 

 The commission awarded claimant permanent partial disability 

benefits based upon the 12.5% impairment rating rendered by Dr. 

Sydnor, giving employer credit for the 12.5% impairment causally 

related to preexisting degenerative changes due to the 1979 

accident. Claimant contends that the commission erred in not 

awarding him permanent partial disability benefits based upon the 

entire 25% impairment rating. 

 Dr. Sydnor's opinions provide ample support for the 

commission's finding. Dr. Sydnor opined that only half of 

claimant's permanent disability to his right lower extremity was 

causally related to his compensable November 18, 1993 industrial 

injury. An employer is not liable for that portion of a 
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compensable injury that preexisted the employer/employee 

relationship. See Virginia Fibre Corp. v. Moore, 17 Va. App. 

691, 693, 440 S.E.2d 432, 434 (1994) (citing Code § 65.2-505), 

aff'd, 249 Va. 1, 452 S.E.2d 360 (1995). 

 Based upon this record, we cannot find as a matter of law 

that claimant's evidence proved he was entitled to an award of 

permanent partial disability benefits based upon a 25% impairment 

rating. Accordingly, the commission did not err in awarding 

claimant permanent partial disability benefits based upon the 

12.5% impairment rating to his right lower extremity. 

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

 Affirmed.