COURT OF APPEALS OF VIRGINIA 

Present: Judges Benton, Coleman and Willis 

TRI-CITIES INDUSTRIAL BUILDERS, INC. 

AND 

NORTHERN INSURANCE COMPANY OF NEW YORK 

 MEMORANDUM OPINION*

v. Record No. 2038-98-3 PER CURIAM 

 JANUARY 26, 1999 

ARLAN EUGENE DUNCAN 

 FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION 

 (Bruce G. Sandmeyer; Brumberg, Mackey & Wall, 

on brief), for appellants. 

 (Gerald F. Sharp; Browning, Lamie & Sharp, on 

brief), for appellee. 

 Tri-Cities Industrial Builders, Inc. and its insurer 

(hereinafter referred to as "employer") contend that the Workers' 

Compensation Commission ("commission") erred in finding that 

Arlan Eugene Duncan's back injury and resulting disability were 

causally related to his compensable January 6, 1997 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). "The 

actual determination of causation is a factual finding that will 

 

 *Pursuant to Code § 17.1-413, recodifying Code § 17-116.010, 

this opinion is not designated for publication. 
- 2 - 

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). "In determining whether 

credible evidence exists, the appellate court does not retry the 

facts, reweigh the preponderance of the evidence, or make its own 

determination of the credibility of the witnesses." Wagner 

Enters, Inc. v. Brooks, 12 Va. App. 890, 894, 407 S.E.2d 32, 35 

(1991). 

 In holding that Duncan proved that his back injury was 

causally related to his compensable injury by accident, the 

commission found as follows: 

 We are persuaded by the medical record 

that [Duncan's] back injury was an initial 

part of the work-related injury. While a 

groin/abdominal wall injury was diagnosed by 

the emergency room physician, and originally 

by Dr. [Jacinto] Alvarado, all medical 

records reflect complaints of back pain as 

well. The emergency room nurse noted that 

[Duncan's] pain radiated into his back. 

After his initial examination on January 13, 

1997, Dr. Alvarado wrote that he "was seen at 

SCCH ER about a week ago for a pulled muscle 

on the rt side that goes from the back to the 

groin. . . ." and then prescribed physical 

therapy for his back [emphasis added]. Upon 

the first physical therapy session on January 

14, 1997, the therapist recorded that "he was 

lifting at work and felt a sharp pain in his 

back. . . ." Dr. Alvarado's follow-up office 

note of January 29, 1997, reflects that the 

visit was for a "recheck" of [Duncan's] back 

and that he "was seen here about 2 weeks ago

when we detected some pain on the rt groin 

that went from the back down . . ." 

[emphasis added]. Clearly, the treating 

physician was recalling symptoms noted in the 

previous visit and acknowledging the 

continuous presence of back pain in 

conjunction with the groin problem. 
- 3 - 

 Our finding is not disturbed by Dr. 

Alvarado's vague statement on August 5, 1997, 

that the claimant "may have done some heavy 

lifting in January and that could have been 

his initial problem. . . ." for several 

reasons. First, his office notes do not 

reflect a thorough account of how the injury 

occurred. Accordingly, we do not conclude 

that Dr. Alvarado would give a precise 

statement on causation when his records do 

not specify the conditions surrounding the 

accident. . . . Lastly, there is no medical 

evidence that the back problems arose from a 

source other than the accident on January 6, 

1997. 

 "Medical evidence is not necessarily conclusive, but is 

subject to the commission's consideration and weighing." 

Hungerford Mechanical Corp. v. Hobson, 11 Va. App. 675, 677, 401 

S.E.2d 213, 214 (1991). In its role as fact finder, the 

commission was entitled to weigh Dr. Alvarado's medical records 

and to determine what weight, if any, to give to his August 5, 

1997 office note. Dr. Alvarado's medical records and the initial 

emergency room records, coupled with the "Employee Statement," 

provide credible evidence from which the commission could 

reasonably infer that claimant sustained a back injury as a 

result of his January 6, 1997 compensable injury by accident. 

"If there is evidence, or reasonable inferences can be drawn from 

the evidence, to support the Commission's findings, they will not 

be disturbed on review, even though there is evidence in the 

record to support a contrary finding." Morris v. Badger 

Powhatan/Figgie Int'l, Inc., 3 Va. App. 276, 279, 348 S.E.2d 876, 

877 (1986). 
- 4 - 

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

 Affirmed.