COURT OF APPEALS OF VIRGINIA 

Present: Judges Bray, Annunziata and Overton 

FRANKLIN EQUIPMENT COMPANY 

AND 

CONTINENTAL INSURANCE COMPANY 

 MEMORANDUM OPINION*

v. Record No. 2059-95-1 PER CURIAM 

 FEBRUARY 20, 1996 

CLAUDETTE M. WOODLEY 

 FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION 

 (Ruth N. Carter; Midkiff & Hiner, on briefs), 

for appellants. 

 (Gregory E. Camden; Rutter & Montagna, on 

brief), for appellee. 

 Franklin Equipment Company and its insurer (hereinafter 

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

Compensation Commission erred in finding that (1) Claudette M. 

Woodley (claimant) proved a causal relationship existed between 

her right carpal tunnel syndrome and her compensable February 22, 

1994 injury by accident; and (2) claimant, who had not been 

released to return to work, did not have a duty to market her 

residual work capacity. Upon reviewing the record and the briefs 

of the parties, we conclude that this appeal is without merit. 

Rule 5A:27. 

 I. Carpal Tunnel Syndrome/Causation

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

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

 

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

designated for publication. 
 2 

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 

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 ruling that claimant met her burden of proving that her 

right carpal tunnel syndrome resulted from her compensable 

February 22, 1994 injury by accident, the commission found as 

follows: 

 The claimant testified that she had 

continuing arm pain following her injury on 

February 22, 1994. She did not seek medical 

treatment until April 1, 1994, approximately 

five weeks after her accident. At that time, 

Dr. [Glenn] Bidwell diagnosed a right 

shoulder sprain. However, on April 19, 1994, 

as reflected in his Attending Physician's 

Report, he noted complaints of right wrist 

discomfort which he attributed to the 

industrial accident. Dr. [J.M.] Britt, 

 [Jr.], in his letter of August 25, 1994, 

opined that the claimant's right carpal 

tunnel syndrome was "related to an injury 

which occurred on the job while she was 

welding. . . ." in February 1994. He 

rendered this opinion after taking cognizance 

of a previously-neglected notation in his 

office notes concerning the February 1994 

incident. While we note the opinions of Drs. 

[James R.] Malcolm and [Herbert W.] Park, we 

find Dr. Britt's opinion more persuasive. 

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

weigh the medical evidence and to accept the opinions of Drs. 
 3 

Bidwell and Britt, the treating physicians. The commission was 

also entitled to reject the opinions of Drs. Malcolm and Park, 

who reviewed medical records at employer's request, but who never 

examined claimant. In cases of conflicting medical evidence, 

"[t]he general rule is that when an attending physician is 

positive in his diagnosis . . . , great weight will be given by 

the courts to his opinion." Pilot Freight Carriers, Inc. v. 

Reeves, 1 Va. App. 435, 439, 339 S.E.2d 570, 572 (1986). The 

opinions of Drs. Bidwell and Britt, along with claimant's 

description of her industrial accident and her history of ongoing 

right arm symptoms since the February 22, 1994 injury by 

accident, constitute credible evidence to support the 

commission's decision. "The existence of 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). 

 II. Marketing

 The commission found that "claimant [had] not been released 

in any capacity by either Dr. Bidwell or Dr. Britt." The medical 

records of Drs. Bidwell and Britt provide credible evidence to 

support this finding. Accordingly, we cannot find that the 

commission erred in ruling that claimant was totally disabled 

and, therefore, had no duty to market her residual capacity. 

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

 Claimant's request for an order awarding attorneys' fees and 
 4 

costs is denied. 

 Affirmed.