Bristol City Fire Dep't and Virginia Mun. Group Self-Ins. Ass'n v. Maine

In Bristol City Fire Dep't and Virginia Mun. Group Self-Ins. Ass'n v. Maine, 35 Va. App. 109, 542 S.E.2d 822 (2001) Dr. Seides opined regarding the claimant firefighter's heart disease as follows: Mr. Maine has coronary atherosclerosis with obstructive coronary artery disease and a documented myocardial infarction. The cause of the condition is a progressive build-up of cholesterol-containing atherosclerotic plaque in the coronary arteries which surround the heart and provide the heart muscle with blood. Coronary atherosclerosis is a multifactorial disease, in which a number of risk factors may play a role in accelerating the deposition of plaque material in constitutionally susceptible individuals. . . . His employment as a firefighter had nothing whatsoever to do with the genesis of either his underlying coronary atherosclerosis or his myocardial infarction. Any attempt to associate his occupation and his disease is without scientific merit. Id. at 115, 542 S.E.2d at 825. The Court concluded that, under Medlin, Dr. Seides' opinion did not constitute probative evidence for purposes of rebutting the presumption of Code 65.2-402 because it "simply attempted to discount the presumption of Code 65.2-402, rather than evaluate whether work was a cause or risk factor of the heart disease." Id. at 117, 542 S.E.2d at 826.