COURT OF APPEALS OF VIRGINIA

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COURT OF APPEALS OF VIRGINIA

Present: Judges Benton, Coleman and Willis

TOWN OF LEBANON POLICE DEPARTMENT
AND
VIRGINIA MUNICIPAL GROUP
SELF-INSURANCE ASSOCIATION MEMORANDUM OPINION
PER CURIAM
v. Record No. 1418-96-3 NOVEMBER 26, 1996

ALBERT VERNON COLEMAN

FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION

(John P. Grove; Frank K. Friedman; Woods,
Rogers & Hazlegrove, on briefs), for
appellants.

(Gerald F. Sharp; Browning, Lamie & Sharp, on
brief), for appellee.

Town of Lebanon Police Department and its insurer
(hereinafter collectively referred to as "employer") contend that
the Workers' Compensation Commission erred in finding that
employer's evidence failed to rebut the statutory presumption
that Albert Vernon Coleman's heart disease was occupational.
Code 65.2-402(B). 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.
Coleman worked as a police officer for the Town of Lebanon
for eight years. On June 30, 1995, he sought treatment at the
Russell County Medical Center emergency room, complaining of
chest pains, pain radiating down both arms, nausea, and
dizziness. Dr. Omar Hallack, the attending physician, diagnosed
a myocardial infarction. On July 6, 1995, Dr. Clair Hixson
examined Coleman, diagnosed a non-Q wave myocardial infarction,
and recommended that Coleman undergo left heart catheterization.
On July 7, 1995, Dr. Thomas Bulle, a cardiac surgeon, performed
the procedure.
Coleman's medical history indicated that he smoked one and
one-half packs of cigarettes per day, had an elevated cholesterol
level, and had a family history of hypertension and diabetes.
Dr. Bulle testified that the risk factors for coronary artery
disease include smoking, hypertension, abnormalities of lipid
cholesterol in the bloodstream, diabetes, family history of
premature heart disease, and male gender. However, Dr. Bulle
stated that he could not pinpoint the exact cause of Coleman's
heart attack. Dr. Bulle admitted that a correlation exists
between stressful life events, including stressful work, and the
occurrence of a coronary event. Dr. Bulle testified that he
"certainly couldn't say that [Coleman's occupation] didn't cause
[his heart attack]."
Code 65.2-402 provides that "heart disease . . . resulting
in total or partial disability of [a police officer] . . . shall
be presumed to be [an] occupational disease[], suffered in the
line of duty, . . . unless such presumption is overcome by a
preponderance of competent evidence to the contrary." Thus, to
rebut the presumption, an employer must establish by competent
medical evidence a non-work-related cause of the employee's heart
disease. City of Norfolk v. Lillard, 15 Va. App. 424, 430, 424
S.E.2d 243, 246-47 (1992). Unless we can say as a matter of law
that employer's evidence sustained its burden of proof, the
commission's findings are binding and conclusive upon us. Tomko
v. Michael's Plastering Co., 210 Va. 697, 699, 173 S.E.2d 833,
835 (1970).
In holding that employer failed to rebut the presumption,
the commission found that employer failed to exclude job-related
stress as a possible contributing cause of Coleman's heart
disease. Although Dr. Bulle opined that various risk factors
contributed to the development of Coleman's coronary artery
disease, Dr. Bulle did not exclude occupational stress as a
contributing cause of Coleman's heart attack. "[T]he showing of
'risk factors' alone does not rebut the statutory presumption
and does not establish competent medical evidence of a
non-work-related cause of the disabling disease." Lillard, 15
Va. App. at 429, 424 S.E.2d at 246. No medical evidence proved
either that a non-work-related factor caused Coleman's heart
attack or that work-related stress was not a contributing cause
of his disability.
Accordingly, we affirm the commission's decision.
Affirmed.

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