COURT OF APPEALS OF VIRGINIA 

Present: Judges Benton, Coleman and Willis 

ANTHONY D. BRIGGS 

v. Record No. 2658-95-1 MEMORANDUM OPINION*

 PER CURIAM 

HENDRICKS GUTTERING COMPANY MAY 14, 1996 

AND 

NATIONAL GRANGE MUTUAL 

 INSURANCE COMPANY 

 FROM THE VIRGINIA WORKERS' 

COMPENSATION COMMISSION 

 (Annette Miller; Parker, Pollard & Brown, 

on brief), for appellant. 

 (William C. Walker; Bradford C. Jacob; 

Taylor & Walker, on brief), for appellees. 

 Anthony D. Briggs contends that the Workers' Compensation 

Commission erred in finding that he failed to prove that he 

sustained a neck injury as a result of a work-related accident 

which occurred on June 17, 1994. 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). 

Unless we can say as a matter of law that Briggs' evidence 

sustained his burden of proof, the commission's findings are 

 

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

designated for publication. 
 2 

conclusive and binding upon us. Tomko v. Michael's Plastering 

Co., 210 Va. 697, 699, 173 S.E.2d 833, 835 (1970). 

 Briggs testified that, on June 17, 1994, while working for 

Hendricks Guttering Company, he slipped on nails while walking 

across a roof, causing him to fall on his side. He testified 

that after the accident, his neck symptoms were so severe that he 

had to leave work on June 23, 1994. However, he did not seek 

medical treatment for his alleged neck injury until he went to 

Sentara Hampton Hospital August 4, 1994. In the meantime, on 

July 12, 1994, Briggs saw Dr. Richard B. McAdam, a physician who 

was treating him for a 1993 back injury. During the July 12, 

1994 office visit, Briggs did not tell Dr. McAdam about the 

alleged June 17, 1994 neck injury or a work-related accident on 

that date. Furthermore, Briggs told Dr. McAdam he had been fired 

from his job, which was contrary to his hearing testimony that he 

left work due to neck pain. Dr. McAdam referred Briggs for work 

hardening for his back condition. 

 On August 4, 1994, Briggs told Dr. JoAnne Schmidt, a Sentara 

physician, that his neck pain resolved after the accident, but 

recurred several weeks prior to August 4, 1994. This assertion 

was inconsistent with Briggs' testimony and was not supported by 

Dr. McAdam's July 12, 1994 notes. Dr. Schmidt again referred 

Briggs to Dr. McAdam, who saw him on August 15, 1994. On that 

date, Dr. McAdam found no objective evidence of a neck injury. 

Dr. McAdam diagnosed cervical radiculopathy based on Briggs' 
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subjective complaints. However, Dr. McAdam interpreted an MRI 

performed on August 17, 1994 as normal. Dr. McAdam advised 

Briggs that no further work-up was necessary. 

 Briggs testified that Dr. McAdam referred him to Dr. T. J. 

Shacochis. No evidence supports such a referral. Dr. Shacochis 

examined Briggs on August 26, 1994. On that date, Briggs told 

Dr. Shacochis that he had "been followed by Dr. McAdam" since a 

June 20, 1994 work-related accident and that he had been out of 

work since the incident. This history conflicted with the 

records of Drs. McAdam and Schmidt. Moreover, Dr. Shacochis' 

diagnosis, like Dr. McAdam's, was based upon Briggs' subjective 

complaints rather than upon any objective findings of an injury. 

 Based upon the inconsistencies between his testimony and 

the medical records and the inaccurate histories given by Briggs 

to Drs. Schmidt and Shacochis, the commission rejected Briggs' 

claim of a neck injury as a result of a June 17, 1994 workrelated accident. The commission's findings are supported by the 

record and will not be disturbed on appeal. "It lies within the 

commission's authority to determine the facts and the weight of 

the evidence . . . ." Rose v. Red's Hitch & Trailer Serv., Inc., 

11 Va. App. 55, 60, 396 S.E.2d 392, 395 (1990). Moreover, the 

commission may consider medical histories as party admissions and 

for purposes of impeachment of the claimant's testimony. Pence 

Nissan Oldsmobile v. Oliver, 20 Va. App. 314, 319, 456 S.E.2d 

541, 544 (1995). 
 4 

 Based upon the inconsistencies between Briggs' testimony and 

the medical records and his failure to give accurate histories to 

Drs. Schmidt and Shacochis, we cannot say as a matter of law that 

Briggs' proved he sustained a neck injury as a result of a June 

17, 1994 work-related accident. 

 Accordingly, we affirm the commission's decision. 

 Affirmed.