Opinion
Record No. 1479-94-1
Decided: January 17, 1995
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
(Joseph A. Flaherty, pro se, on brief).
No brief for appellee.
Present: Judges Benton, Coleman and Willis
Pursuant to Code Sec. 17-116.010 this opinion is not designated for publication.
Joseph A. Flaherty contends that the Workers' Compensation Commission erred in denying his claim for crime victim compensation. He argues that the evidence proved that (1) a crime was committed against him; and (2) the alleged crime was reported to police within 120 hours from its occurrence. 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.
Code Sec. 19.2-368.10 provides:
No award shall be made unless the Commission finds that (1) a crime was committed, . . . and, (3) police records show that such crime was promptly reported to the proper authorities, and in no case may an award be made where the police records show that such report was made more than 120 hours after the occurrence of such crime, unless the Commission, for good cause shown, finds the delay to have been justified.
Flaherty was involuntarily committed to a psychiatric hospital from March 31, 1994, through April 25, 1994. On May 12, 1994, Flaherty reported to the hospital that he was sexually assaulted by two male patients on April 8, 1994. A police detective was informed of Flaherty's report on May 17, 1994, and later determined that Flaherty's allegations were unfounded. The detective reported that Flaherty's versions of the attack were inconsistent. Moreover, the evidence proved on the day that Flaherty alleges the incident occurred Flaherty was in the hospital seclusion ward and monitored every 5 to 15 minutes, and that the alleged assailants did not have access to the seclusion area.
In its role as fact finder, the commission accepted the police detective's findings. The commission's findings are binding and conclusive upon us when they are supported by credible evidence. Tomko v. Michael's Plastering Co., 210 Va. 697, 699, 173 S.E.2d 833, 835 (1970). Based upon this record, we cannot say as a matter of law that Flaherty proved that a crime was committed against him. Accordingly, we affirm the commission's decision and need not address the reporting issue.
Affirmed.