COURT OF APPEALS OF VIRGINIA 

Present: Judges Benton, Coleman and Willis 

HALL FORD and 

 THE VADA GROUP SELF-INSURANCE ASSOCIATION 

 MEMORANDUM OPINION*

v. Record No. 0937-96-1 PER CURIAM 

 OCTOBER 1, 1996 

RANDY FRANKLIN EDGERTON 

 FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION 

 (Michelle ReDavid Rack; Huff, Poole & 

Mahoney, on brief), for appellants. 

 (Robert E. Walsh; Matthew H. Kraft; Rutter & 

Montagna, on brief), for appellee. 

 The sole issue on this appeal is whether the Workers' 

Compensation Commission ("commission") erred in finding that Dr. 

Thomas M. Stiles was Randy Franklin Edgerton's authorized 

treating physician, and in holding Hall Ford and its insurer 

(hereinafter collectively referred to as "employer") responsible 

for the cost of medical treatment rendered by Dr. Stiles to 

Edgerton. 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). So 

viewed, the evidence proved that Edgerton injured his right 

 

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

designated for publication. 
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shoulder in the course of his employment on June 15, 1995. The 

employer does not challenge the commission's finding that 

Edgerton proved he sustained a compensable injury by accident. 

On July 1, 1995, Edgerton sought medical treatment for his 

shoulder injury at a hospital emergency room. Dr. Howard 

diagnosed probable bursitis, prescribed a sling, and placed 

Edgerton on restricted duty. Two days later, Dr. Belvin 

diagnosed right shoulder tendinitis, injected Edgerton's 

shoulder, and continued Edgerton on restricted duty. Dr. Belvin 

later referred Edgerton to Dr. Earl White, an orthopedic surgeon. 

 Edgerton saw Dr. White on July 17, 1995. Edgerton stated 

that he went to Dr. White because employer told Dr. Belvin to 

refer Edgerton to Dr. White. Edgerton learned, however, that 

employer had denied his claim just before or at about the same 

time he saw Dr. White. Dr. White injected Edgerton's shoulder 

and recommended that Edgerton remain on light duty until July 31, 

1995. 

 On July 18, 1995, Edgerton sought medical treatment from Dr. 

Stiles, an orthopedic surgeon. Edgerton decided to go to Dr. 

Stiles because he lacked confidence in Dr. White. Dr. White had 

operated on Edgerton's left knee four years earlier with 

unsatisfactory results. In addition, Dr. Stiles had operated on 

Edgerton's friend's knee and had obtained a satisfactory result. 

 Dr. Stiles performed arthroscopy surgery on Edgerton's right 

shoulder on August 3, 1995, and provided post-operative 
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treatment. 

 In ruling that Dr. Stiles was an authorized treating 

physician, the commission found that after the employer approved 

the appointment with Dr. White, the employer denied the claim. 

The commission also found that the employer did not offer a panel 

of physicians to Edgerton. Edgerton's testimony provides 

credible evidence to support these findings. Thus, they are 

binding on appeal. See James v. Capitol Steel Constr. Co., 8 Va. 

App. 512, 515, 382 S.E.2d 487, 488 (1989). 

 Employer's denial of Edgerton's claim required him to seek 

and pay for his own medical care. "When [employer] denied 

liability, [Edgerton] 'was entitled to choose his own 

physician.'" Bassett Burkeville Veneer v. Slaughter, 21 Va. App. 

575, 578-79, 466 S.E.2d 127, 129 (1996) (quoting Goodyear Tire & 

Rubber Co. v. Pierce, 9 Va. App. 120, 129, 384 S.E.2d 333, 338 

(1989)). Moreover, Edgerton's single visit to Dr. White at 

approximately the same time Edgerton learned of employer's denial 

did not constitute a free choice of a treating physician. 

Edgerton went to Dr. White at employer's direction. Because he 

did not seek out Dr. White on his own, he was free to select his 

own treating physician after employer denied his claim. Id. 

Edgerton chose Dr. Stiles and then pursued a continuous course of 

treatment with him. 

 Based upon this record, the commission properly ruled that 

Dr. Stiles was an authorized treating physician. Accordingly, we 
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affirm the commission's decision holding employer responsible for 

the cost of Dr. Stiles' treatment. 

 Affirmed.