Opinion
Record No. 1006-93-2
October 26, 1993
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION.
(Stephen D. Rosenthal, Attorney General; W. Mark Dunn, Assistant Attorney General, on brief), for appellant.
(Janipher W. Robinson, on brief), for appellee.
Present: Judges Baker, Elder and Fitzpatrick.
Pursuant to Code § 17-116.010 this opinion is not designated for publication.
Oak Ridge Learning Center (employer) contends that the commission erred in finding that Aldenette Euphrates Griffin (claimant) suffered an injury by accident on July 21, 1992. Upon reviewing the record and the briefs of the parties, we conclude that this appeal is without merit. Accordingly, we affirm the decision of the Workers' Compensation Commission. Rule 5A:27.
"In order to carry [her] burden of proving an 'injury by accident,' a claimant must prove that the cause of [her] injury was an identifiable incident or sudden precipitating event and that it resulted in an obvious sudden mechanical or structural change in the body." Morris v. Morris, 238 Va. 578, 589, 385 S.E.2d 858, 865 (1989) (emphasis in original, citations omitted).
The commission awarded compensation, finding that claimant's back pain, which first manifested itself on the morning of July 22, 1992, was the result of the July 21, 1992 identifiable incident which caused an obvious sudden mechanical or structural change in claimant's body. On appellate review, we must uphold the commission's findings of fact if they are supported by credible evidence. James v. Capitol Steel Constr. Co., 8 Va. App. 512, 515, 382 S.E.2d 487, 488 (1989). We must construe the evidence in the light most favorable to the party prevailing below. R.G. Moore Bldg. Corp. v. Mullins, 10 Va. App. 211, 212, 390 S.E.2d 788, 788 (1990).
Claimant was employed as a food service supervisor. She testified that, on July 21, 1992, she was loading supplies from a supply room onto flatbeds. During the course of this activity, she stepped up two shelves in order to reach a third shelf two feet over her head. While pulling down a box of tomatoes, she lost her balance. Claimant stated that Cirese Rogers, a co-worker, caught the box of tomatoes after claimant yelled "help." Claimant testified that, as she lost her balance, she twisted to the right and caught herself on a mobile food cart. The incident occurred at 6:50 p.m. and claimant's shift ended at 7:00 p.m. Claimant did not feel pain at the time of the incident, but she did feel a "pull." She awoke the next morning with pain in her back and shoulders, yet went to work. When the pain did not subside, she reported the incident to her employer. The co-worker's testimony corroborated claimant's version of the incident, although the co-worker did not remember the presence of the food cart.
On July 22, 1992, claimant was treated at Patient First. She related a history of having lost her balance after reaching for an item on a high shelf causing her back to hyperextend. Claimant was referred by Patient First to orthopedist, Dr. Michael W. Hakala. On July 28, 1992, claimant told Dr. Hakala that she hurt her lower back when she fell backwards while lifting a case of tomatoes.
At the hearing, claimant admitted that she had injured her back in an automobile accident in 1989. However, she stated that she completely recovered in six weeks and did not have any back problems again until July 22, 1992.
Claimant's testimony constitutes credible evidence establishing an identifiable incident resulting in a sudden mechanical change in her body. The fact that her pain did not manifest itself for twelve hours is not fatal to her claim, where, as here, her condition can be fairly traced to an identifiable incident occurring at a specific time. "Where reasonable inferences may be drawn from the evidence in support of the commission's factual findings, they will not be disturbed by this Court on appeal." Hawks v. Henrico County School Bd., 7 Va. App. 398, 404, 374 S.E.2d 695, 698 (1988).
Furthermore, claimant's testimony provides credible evidence to support the commission's finding of a causal relationship between the July 21, 1992 incident and claimant's subsequent pain, which ultimately led to her disability from work and the diagnosis of cervical/lumbar strain. Although the medical records arguably do not provide a specific opinion on causation, they also do not provide any other explanation for claimant's back condition nor do they dispute her contention that the July 21, 1992 incident caused her condition. "The actual determination of causation is a factual finding that will not be disturbed on appeal if there is credible evidence to support the finding." Ingersoll-Rand Co. v. Musick, 7 Va. App. 684, 688, 376 S.E.2d 814, 817 (1989).
For the reasons stated, we affirm the commission's decision.
Affirmed.