COURT OF APPEALS OF VIRGINIA 

Present: Judges Bray, Annunziata and Overton 

THE SOUTHLAND CORPORATION/SEVEN-ELEVEN 

AND 

AMERICAN PROTECTION INSURANCE COMPANY 

 MEMORANDUM OPINION*

v. Record No. 0896-96-4 PER CURIAM 

 OCTOBER 8, 1996 

NAZIM ALI ALVI 

 FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION 

 (Michael L. Zimmerman; Brault, Palmer, Grove, 

Zimmerman, White & Mims, on brief), for 

appellants. 

 (Jeremy Flachs, on brief), for appellee. 

 The Southland Corporation/Seven-Eleven and its insurer 

(hereinafter collectively referred to as "employer") contend that 

the Workers' Compensation Commission ("commission") erred in 

finding that Nazim Ali Alvi ("claimant") proved he was totally 

disabled from May 22, 1994 through December 6, 1994; partially 

disabled from January 14, 1995 through February 5, 1995;1

 and 

totally disabled from February 6, 1995 and continuing. 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. 

 

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

designated for publication. 

 1Employer contends in its question presented that the 

commission erred in awarding temporary partial disability 

benefits to claimant for the period January 14, 1995 through 

February 5, 1995. However, employer did not present any argument 

in its brief in support of this contention. Therefore, we will 

not address this period of disability on appeal. 
 2 

 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. James v. Capitol Steel 

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

Disability from May 22, 1994 through December 6, 1994

 The records of Drs. Mahmood Mohamadi, Jeffrey I. Goltz, and 

Robert A. Smith provide ample credible evidence to support the 

commission's finding that claimant proved total disability from 

May 22, 1994 through December 6, 1994 causally related to his 

compensable May 21, 1994 back injury. 

 Dr. Mohamadi began treating claimant on May 25, 1994. Dr. 

Mohamadi prescribed "rest at home," and, on May 31, 1994, he 

referred claimant to Drs. Goltz and Smith for an orthopedic 

evaluation due to claimant's persistent pain. Based upon Dr. 

Mohamadi's records, the commission could reasonably conclude that 

claimant remained totally disabled from May 22, 1994 through June 

6, 1994, when he first saw Dr. Goltz. "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). Dr. Goltz excused claimant 

from work until November 9, 1994, when he released claimant to 

full-duty. However, on November 14, 1994, Dr. Smith noted 
 3 

claimant's continuing complaints of back pain radiating into his 

buttocks, and recommended that claimant undergo an MRI and remain 

out of work until his next evaluation. On December 5, 1994, Dr. 

Smith released claimant to light-duty work. 

 Because these medical records provide credible evidence to 

support the commission's finding that claimant was totally 

disabled from May 22, 1994 through December 6, 1994, we will not 

disturb this finding on appeal. 

Disability from February 6, 1995 and continuing

 The medical records and opinions of Drs. Smith and Daniel R. 

Ignacio provide ample credible evidence to support the 

commission's finding that claimant proved total disability 

beginning February 5, 1995 and continuing. 

 Claimant stopped working on February 5, 1995 due to 

increasing back pain. On February 10, 1995, Dr. Smith noted 

claimant's persistent pain, again recommended he undergo an MRI, 

and excused him from work. The February 21, 1995 MRI revealed 

marked degenerative disc disease at L4-L5 and L5-S1, bulging 

discs, and endplate changes at both levels, with focal spinal 

stenosis. Dr. Smith referred claimant to Dr. Ignacio for 

possible epidural injection therapy. On March 6, 1995, Dr. 

Ignacio excused claimant from work and recommended that he 

undergo physical therapy. Dr. Ignacio reiterated these 

recommendations on April 3, 1995. After April 3, 1995, claimant 

went to Pakistan on a family emergency and returned to the United 
 4 

States in July 1995. When Dr. Ignacio next evaluated claimant on 

July 10, 1995, he noted no physical changes in claimant's 

condition and again opined that claimant was totally disabled. 

On August 24, 1995, Dr. Ignacio opined that claimant should 

continue to remain off work. 

 Based upon these medical records, the commission could 

reasonably conclude that claimant was totally disabled beginning 

February 6, 1995 and continuing. Because the commission's 

decision is supported by credible evidence, it will not be 

disturbed on appeal. 

 Accordingly, we affirm the commission's decision. 

 Affirmed.