COURT OF APPEALS OF VIRGINIA 

Present: Judges Baker, Elder and Fitzpatrick 

MCR PROPERTY MANAGEMENT, INC. 

AND 

ERIE INSURANCE EXCHANGE 

 MEMORANDUM OPINION*

v. Record No. 0229-95-3 PER CURIAM 

 JULY 18, 1995 

MICHAEL W. SLAGLE 

FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION 

 (Monica L. Taylor; Ronnie L. Clay; Gentry, Locke, 

Rakes & Moore, on briefs), for appellants. 

 (H. Keith Moore; Mark K. Cathey; Cranwell & Moore, on 

brief), for appellee. 

 

 *Pursuant to Code § 17-116.010 this opinion is not 

designated for publication. 

 MCR Property Management, Inc. and Erie Insurance Exchange 

(hereinafter collectively referred to as "MCR") contend that the 

Workers' Compensation Commission erred in reversing the deputy 

commissioner's credibility determination and finding that (1) 

Michael W. Slagle proved that he sustained an injury by accident 

arising out of and in the course of his employment on July 23, 

1993; and (2) Slagle's herniated disc was caused by the July 23, 

1993 injury by accident. 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. 

 On appeal, we view the evidence in the light most favorable 

to the prevailing party before the commission. R.G. Moore Bldg. 
 2 

Corp. v. Mullins, 10 Va. App. 211, 212, 390 S.E.2d 788, 788 

(1990). Factual findings made by the commission will be upheld 

on appeal if supported by credible evidence. James v. Capitol 

Steel Constr. Co., 8 Va. App. 512, 515, 382 S.E.2d 487, 488 

(1989). 

 Slagle, a maintenance worker employed by MCR, testified 

that, on Friday, July 23, 1993, he unbolted a toilet and, as he 

began to lift it, he experienced back pain so severe that he fell 

to his knees. Slagle reported his back pain to his supervisor at 

the end of his shift. Slagle had a prior back strain in 1991. 

That strain resolved after one week. 

 James Powers, Slagle's supervisor, testified that, on the 

evening of July 23, 1993, Slagle told him that his back was 

bothering him and he needed a few days off to go to the doctor. 

Powers testified that Slagle did not tell him about the specific 

incident of lifting a toilet. 

 On August 17, 1993, Slagle provided a written statement to 

Jeannie Stosser, the owner of MCR, in which he related that 

"[d]uring the course of renovating the apartments at Draper's 

Meadow, while moving stoves, refrigerators, countertops, and 

pulling up toilets, I have injured my back." 

 On June 26, 1993, Dr. C.L. Boatwright diagnosed an acute low 

back strain. Slagle gave Dr. Boatwright a history of "[o]ver the 

course of the day I was moving and lifting. The next day my low 

back hurt." Slagle was put on bedrest over the next few weeks; 
 3 

however, his symptoms did not subside. A CT scan revealed a 

herniated disc. 

 On August 19, 1993, Slagle underwent surgery for his 

herniated disc. Dr. Ward Stevens, the neurosurgeon, related a 

history of "doing a great deal of heavy lifting about three weeks 

ago while at work and developing a great deal of low back and 

shortly thereafter right leg pain, numbness and weakness." Dr. 

Stevens indicated that Slagle told him he injured his back while 

working on a Friday. Dr. Stevens opined that "[i]t is my medical 

opinion within a reasonable degree of medical certainty that Mr. 

Slagle's disc herniation occurred with his initial injury." 

 The deputy commissioner found that Slagle's testimony was 

impeached by the failure of the medical reports to indicate that 

the disc rupture occurred while he was lifting a toilet, by 

Slagle's failure to tell his employer of a specific incident, and 

by Slagle's written statement that he lifted toilets and other 

appliances. The full commission reversed the deputy's 

determination, and found that 

 [t]he claimant indicated that his back became 

sore through lifting over a period of time. 

However, this does not negate the occurrence 

of a specific incident which occurred on 

Friday, July 23, 1993, while lifting one 

toilet. Dr. Stevens states that the disc 

herniation was the result of a single 

"initial incident." It comports with human 

experience that the claimant would describe 

the general activities which caused soreness 

in his back, and such a general description 

does not impeach his testimony of an acute 

incident which brought him to his knees and 

produced a sudden mechanical change, i.e. 

disc herniation. 
 4 

 If, as in this case, "the deputy commissioner's 

determination of credibility is based on the substance of the 

testimony rather than upon the witness's demeanor, such a finding 

is as determinable by the full commission as by the deputy." 

Kroger Co. v. Morris, 14 Va. App. 233, 236, 415 S.E.2d 879, 880 

(1992). 

 Slagle's testimony provides credible evidence to support the 

commission's finding that he sustained an injury by accident 

arising out of and in the course of his employment. The deputy 

commissioner's determination that Slagle's assertion of an injury 

by accident was not credible was based on the evidence and the 

substance of Slagle's testimony. Therefore, the full commission 

could make its own credibility determination. Id. The medical 

histories provided by Slagle to his physicians do not necessarily 

contradict his testimony. In addition, these histories are 

consistent with Dr. Stevens' opinion that Slagle could first have 

a sore back, which would later develop into leg pain, thus 

indicating a herniated disc. 

 The commission could have reasonably inferred from Slagle's 

testimony and Dr. Stevens' opinion that Slagle sustained an 

identifiable incident on July 23, 1993 which caused an obvious 

sudden mechanical or structural change in his body. "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 Sch. Bd., 7 
 5 

Va. App. 398, 404, 374 S.E.2d 695, 698 (1988). 

 For the reasons stated, we affirm the commission's decision. 

 Affirmed.