COURT OF APPEALS OF VIRGINIA 

Present: Judges Frank, Clements and Senior Judge Bray 

RODNEY BARNES 

 MEMORANDUM OPINION*

v. Record No. 2843-02-2 PER CURIAM 

 FEBRUARY 25, 2003 

MARSHALLS, INC. AND 

 CONTINENTAL CASUALTY COMPANY 

 FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION 

 (Gregory O. Harbison; Geoffrey R. McDonald & 

Associates, P.C., on brief), for appellant. 

 (C. Ervin Reid; Wright, Robinson, Osthimer & 

Tatum, on brief), for appellees. 

 Rodney Barnes (claimant) contends the Workers' Compensation 

Commission erred in finding that he failed to prove that his 

right arm ulnar nerve condition was causally related to his 

December 24, 2000 compensable injury by accident. Upon 

reviewing the record and the parties' briefs, 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 claimant's evidence 

 

* Pursuant to Code § 17.1-413, this opinion is not 

designated for publication. 
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sustained his burden of proof, the commission's findings are 

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

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

 The medical records revealed that when claimant first 

sought medical treatment on December 26, 2000, from Dr. Bruce 

Miller, he reported that a piece of steel had fallen on his neck 

on December 24, 2000. X-rays were normal, and Dr. Miller 

diagnosed a contusion and prescribed medication. Subsequently, 

Dr. Miller referred claimant to Dr. Robert Adelaar, an 

orthopedic surgeon. 

 Dr. Adelaar, who first examined claimant on February 19, 

2001, detected no neurological loss in claimant's right upper 

extremity, no shoulder impingement, and no elbow or wrist 

pathology. Dr. Adelaar ordered physical therapy for a trapezius 

injury on claimant's right side and imposed a lifting 

restriction. 

 Claimant continued to treat with Dr. Adelaar, who ordered 

EMG and nerve conduction studies, which were performed on March 

26, 2001. Those tests showed evidence of mild ulnar neuropathy 

at the elbow, with no evidence of radiculopathy, although the 

testing was limited due to claimant's discomfort. 

 On May 7, 2001, claimant told Dr. Adelaar that his shoulder 

pain was gone, but that he still had some limited motion. 

Dr. Adelaar noted that claimant might have to undergo ulnar 

nerve transposition in the future. 
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 On August 24, 2001, Dr. Adelaar opined that claimant's 

right upper extremity had reached maximum medical improvement. 

 On October 1, 2001, Dr. Adelaar reported that a second EMG 

showed an ongoing right ulnar neuropathy at the elbow localized 

at the medial epicondyle. Dr. Adelaar recommended surgery. On 

December 17, 2001, Dr. Adelaar performed a decompression of 

claimant's ulnar nerve and subcutaneous transposition of the 

right ulnar nerve, right elbow. Dr. Adelaar excused claimant 

from work for six weeks. 

 Several days before claimant's December 17, 2001 surgery, 

Dr. William D. Brickhouse, an orthopedist, examined claimant and 

reviewed his medical records. Dr. Brickhouse opined that the 

only injury sustained by claimant as a result of the December 

24, 2000 injury by accident was a trapezius muscle sprain, which 

was not related to claimant's right arm compressive ulnar 

neuropathy. 

 "Medical evidence is not necessarily conclusive, but is 

subject to the commission's consideration and weighing." 

Hungerford Mechanical Corp. v. Hobson, 11 Va. App. 675, 677, 401 

S.E.2d 213, 215 (1991). The commission weighed the medical 

evidence and accepted Dr. Brickhouse's opinion. Dr. Adelaar did 

not render any specific opinion as to the cause of claimant's 

right ulnar nerve condition. 

 In light of Dr. Brickhouse's opinion, the lack of any 

medical evidence that claimant sustained an arm or elbow injury 
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at the time of the December 24, 2000 accident, and the lack of 

any persuasive opinion from Dr. Adelaar regarding causation, we 

cannot find as a matter of law that claimant's evidence 

sustained his burden of proof. 

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

Affirmed.