COURT OF APPEALS OF VIRGINIA 

Present: Judges Benton, Coleman and Willis 

BURNLEY MORAN ELEMENTARY SCHOOL 

AND 

CONSOLIDATED RISK MANAGEMENT SERVICE, INC. 

v. Record No. 1756-95-2 MEMORANDUM OPINION*

 PER CURIAM 

STEWART LEE MORTON DECEMBER 29, 1995 

 FROM THE VIRGINIA WORKERS' 

COMPENSATION COMMISSION 

 (J. Brian Jackson; Patricia C. Karppi; McGuire, Woods, 

Battle & Boothe, on brief), for appellants. 

 (George L. Townsend; Chandler, Franklin & O'Bryan, on 

brief), for appellee. 

 Burnley Moran Elementary School and its insurer (hereinafter 

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

Compensation Commission erred in (1) finding that Stewart Lee 

Morton's disability was causally related to his compensable March 

26, 1992 injury by accident; and (2) finding that Chiropractor 

Paul Stangil was an authorized treating physician. 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 

 I. Change in Condition

 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 awarding compensation benefits to Morton, the commission 

found as follows: 

 We . . . find that [Morton's] current 

disability stems from his accident of March 

26, 1992. Although [Morton] had a history of 

complaining of back pain, these complaints 

were, as Dr. Stangil noted, self-resolving. 

A CT scan before the accident showed no disc 

herniations. The last time [Morton] 

complained of back pain was 11 months before 

the accident. There is no evidence that any 

disability resulted from his earlier back 

complaints, and [Morton] performed his job as 

a school custodian for 13 years prior to the 

accident. After the accident, [Morton] was 

never able to return to his previous job. A 

CT scan revealed multiple disc herniations. 

Dr. [John A.] Jane, who never saw [Morton], 

and his resident Dr. [Richard S.] Polin, were 

unaware of the CT scan results, and 

recommended that a CT scan be performed on 

three occasions. Because they only 

considered the EMG results, which were 

normal, they stated that there is nothing 

wrong with [Morton]. We find that Dr. 

Stangil's opinion is more persuasive than Dr. 

[David M.] Heilbronner's on the issue of 

whether [Morton's] current condition preexisted the accident. Dr. Stangil is the 

only treating doctor who has continued to 

follow the case closely, and his opinion is 

supported by the medical evidence and work 

history of [Morton]. 
 3 

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

weigh the medical evidence and to accept the opinion of Dr. 

Stangil. The commission was also entitled to reject the opinions 

of Drs. Jane, Polin, and Heilbronner. Dr. Jane never examined 

Morton. Dr. Stangil continuously treated Morton during the year 

prior to the hearing. Moreover, Drs. Jane and Polin were unaware 

of the CT scan results. 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). Dr. 

Stangil's opinions, along with Morton's medical and work history, 

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. Treating Physician

 "Whether the employer is responsible for medical expenses 

. . . depends upon: (1) whether the medical service was causally 

related to the . . . injury [by accident]; (2) whether such other 

medical attention was necessary; and (3) whether the treating 

physician made a referral [of] the patient." Volvo White Truck 

Corp. v. Hedge, 1 Va. App. 195, 199, 336 S.E.2d 903, 906 (1985). 

 Based upon repeated referrals by Drs. Heilbronner and Jane, the 
 4 

commission found that Dr. Stangil was an authorized treating 

chiropractor. The testimony of Morton and Dr. Stangil, and the 

medical records of Drs. Heilbronner, Jane, and Stangil, provide 

credible evidence to support this finding. 

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

 Affirmed.