City of Roanoke v. Ronald F. Renick

COURT OF APPEALS OF VIRGINIA

Present: Judges Fitzpatrick, Overton and Senior Judge Hodges Argued at Salem, Virginia

CITY OF ROANOKE MEMORANDUM OPINION * BY v. Record No. 2643-95-3 JUDGE NELSON T. OVERTON JULY 2, 1996 RONALD F. RENICK

FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION

Steven J. Talevi, Assistant City Attorney (Wilburn C. Dibling, Jr., City Attorney, on briefs), for appellant. Mary L. Poletti (Brumberg, Mackey & Wall, P.L.C., on brief), for appellee.

The Workers' Compensation Commission awarded benefits to the claimant, Ronald F. Renick, for his condition of esophageal motility disorder resulting from extreme stress in his employment. Renick's employer appeals, challenging both the classification of his condition as an occupational disease and the causal link to his employment.

The parties are fully conversant with the record to this case, and a recitation of the facts is unnecessary to this memorandum opinion.

Renick's condition was established as a disease. All medical records as well as the medical literature demonstrate that the treating doctors as well as the medical community

believe this to be a disease. This classification is a medical * Pursuant to Code § 17-116.010 this opinion is not designated for publication.

issue to be decided by the trier of fact based on evidence at the hearing. Knott v. Blue Bell, Inc., 7 Va. App. 335, 338, 373 S.E.2d 481, 483 (1988).

Renick's employment caused the stress that triggered his condition. No other source of stress was noted or argued by either doctors or counsel. The treating specialists ruled out other causes and came to the conclusion that stress caused his condition. "[A] determination of causation is a factual finding." Ingersoll-Rand Co. v. Musick, 7 Va. App. 684, 688, 376 S.E.2d 814, 817 (1989).

We find that credible evidence supports the commission's findings, and we will not disturb them on appeal. The decision of the commission is affirmed.

Affirmed.

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