COURT OF APPEALS OF VIRGINIA 

Present: Judges Benton, Coleman and Willis 

CITY OF RICHMOND SCHOOL BOARD 

 AND TRIGON ADMINISTRATORS 

 MEMORANDUM OPINION*

v. Record No. 0649-98-2 PER CURIAM 

 AUGUST 25, 1998 

JOAN E. JONES 

 FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION 

 (M. Janet Palmer; Wilder & Gregory, on 

brief), for appellants. 

 (Ruth E. Nathanson; Marks & Harrison, on 

brief), for appellee. 

 City of Richmond School Board ("employer") contends that the 

Workers' Compensation Commission ("commission") erred in finding 

that Joan E. Jones ("claimant") proved that her post-February 7, 

1997 disability was causally related to her compensable November 

13, 1995 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. See Rule 5A:27. 

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

to the prevailing party below. See R.G. Moore Bldg. Corp. v. 

Mullins, 10 Va. App. 211, 212, 390 S.E.2d 788, 788 (1990). In 

granting claimant's change-in-condition application, the 

commission found as follows: 

 The Deputy Commissioner weighed the 

 

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

designated for publication. 
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inconsistencies in the medical evidence and 

the testimony and found the claimant was not 

a credible witness. Upon Review, we do not 

find the inconsistencies significant with 

regard to the determination of causation. 

The claimant testified, and the medical 

records confirm, that she suffered ongoing 

back pain following her return to work after 

the industrial accident. She denied injury 

resulting from a second motor vehicle 

accident which occurred in March, 1997. 

Although we discount Dr. [Walton M.] Belle's 

opinion regarding causation because he did 

not know about the second accident, we find 

Dr. [Ralph E.] Hagan's reports support a 

finding that the claimant's disability 

beginning February 7, 1997 resulted from the 

industrial accident. 

* * * * * * * 

 [W]e find the second accident did not 

materially change the claimant's symptoms 

from the previous industrial accident. The 

facts indicate that if the funeral accident 

exacerbated the claimant's back condition, 

the aggravation was mild and insufficient to 

justify a finding that the claimant's back 

problems are not related to [sic] industrial 

accident. 

(Citations omitted.). 

 Employer contends that the commission erred in reversing the 

deputy commissioner's credibility determination. However, 

"[w]hen the deputy commissioner makes an explicit finding of 

credibility based upon a witness' demeanor or appearance at the 

hearing, the commission may reverse that factual finding when it 

articulates a basis for its different conclusion that is 

supported by credible evidence." Bullion Hollow Enters., Inc. v. 

Lane, 14 Va. App. 725, 728, 418 S.E.2d 904, 907 (1992). 

 Here, the commission clearly articulated its reasons for 
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reversing the deputy commissioner's credibility determination. 

Moreover, the commission's findings are supported by credible 

evidence, and are therefore, conclusive and binding on appeal. 

See Ross Laboratories v. Barbour, 13 Va. App. 373, 377-78, 412 

S.E.2d 205, 208 (1991). 

 Claimant's testimony, along with the medical records and 

opinions of Dr. Hagan, constitutes credible evidence to support 

the commission's finding that claimant proved that her 

post-February 7, 1997 disability was causally related to her 

compensable industrial accident. Based upon claimant's 

testimony, the commission could reasonably infer that although 

Dr. Hagan mistakenly recorded an incorrect date for the second 

accident, he was fully aware of it and, yet, did not relate 

claimant's post-February 7, 1997 disability to that second 

accident. "Where reasonable inferences may be drawn from the 

evidence in support of the commission's factual findings, they 

will not be disturbed on appeal." Hawks v. Henrico County Sch. 

Bd., 7 Va. App. 398, 404, 374 S.E.2d 695, 698 (1988). 

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

 Affirmed.