COURT OF APPEALS OF VIRGINIA 

Present: Judges Baker, Elder and Fitzpatrick 

THURMAN EVANS 

v. Record No. 1918-94-3 MEMORANDUM OPINION*

 PER CURIAM 

YMCA OF CENTRAL VIRGINIA MAY 2, 1995 

AND 

AETNA CASUALTY AND SURETY COMPANY 

 FROM THE VIRGINIA WORKERS' 

COMPENSATION COMMISSION 

 (James B. Feinman; Cary P. Moseley, on briefs), for 

appellant. 

 (Christopher M. Kite; Monica L. Taylor; Gentry, Locke, 

Rakes & Moore, on brief), for appellees. 

 Thurman Evans contends that the Workers' Compensation 

Commission erred in (1) finding that he failed to prove that he 

sustained an injury by accident arising out of and in the course 

of his employment on March 7, 1993; (2) considering hearsay 

evidence to impeach his testimony; and (3) disregarding the 

testimony of James McFarland. 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 party prevailing below. R.G. Moore Bldg. Corp. v. 

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

order to carry his burden of proving an 'injury by accident,' a 

 

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

designated for publication. 
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claimant must prove the cause of his 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). 

 Unless we can say as a matter of law that Evans' evidence 

sustained his burden of proof, the commission's findings are 

binding and conclusive upon us. Tomko v. Michael's Plastering 

Co., 210 Va. 697, 699, 173 S.E.2d 833, 835 (1970). 

 Evans was employed by the YMCA as a supervisor custodian. 

He testified that on March 7, 1993 at approximately 2:00 p.m., as 

he twisted to lift a shovel full of snow and ice, he felt a sharp 

pain in his back and leg. Prior to this time, he had shoveled 

snow for approximately two and one-half hours. Evans testified 

that, after he felt the pain, he tried to continue shoveling, but 

could not. Evans stated that, the day after the accident, he 

told his supervisor, Chris Windom, about the pain and numbness in 

his foot. 

 In the March 9, 1993 accident report completed by Evans, he 

did not report that he felt a sharp pain in his back while he was 

lifting a shovel full of snow. Instead, he wrote that he was 

shoveling snow and had to stop and hold his back, and that he did 

not realize he was hurt until a few days later. The First Report 

of Accident completed by Evans reflects that he hurt himself 

shoveling snow from 11:15 a.m. to 2:30 p.m. 

 When Evans received medical treatment on March 19, 1993 at 
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the Physicians Treatment Center, he reported that he had been 

working overtime shoveling snow. On April 8, 1993, when Evans 

was examined at the VA Hospital, he did not report that he hurt 

himself while shoveling snow. On the medical information sheets 

that Evans completed when he initially saw Drs. McCrary and 

Wallace, Evans wrote that the accident occurred at 11:15 a.m. to 

2:30 p.m. Dr. McCrary's office notes reflect that Evans gave a 

history of shoveling snow and developing numbness and lower back 

pain after about three hours. Dr. Wallace reported that Evans 

told him that he developed leg numbness and back pain while 

shoveling snow. 

 Susan Landergan, the general director for the YMCA, 

testified that Evans told her on April 8 or 9, 1993, that he had 

been to the VA Hospital for back pain. However, Evans did not 

mention anything to Landergan about the March 7, 1993 incident. 

 Windom, associate director of the YMCA, testified that he 

supervised Evans on a daily basis. Windom stated that, 

approximately one week after the accident, Evans told him that he 

had hurt his back and leg. When Windom asked Evans how he hurt 

himself, Evans stated that he did not know. 

 James McFarland, a massage therapist who worked across the 

street from the YMCA, testified that he saw Evans shoveling snow 

on March 7, 1993. Approximately three days later, Evans sought 

treatment from McFarland. McFarland testified that Evans told 

him that he was shoveling snow and he felt a sharp pain. 
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 Based upon this record, the deputy commissioner found that 

the testimony of Evans and McFarland was not credible. The 

deputy commissioner noted that although Evans described the 

alleged accident with great particularity at the hearing, he made 

no mention of it to Landergan or Windom. In addition, the 

medical care providers did not record a history of an 

identifiable incident. The deputy commissioner found that Evans 

related a history of feeling pain after shoveling snow for a 

period of time. Because the evidence proved, at best, that the 

injury was gradually incurred, the deputy commissioner found that 

Evans failed to prove an injury by accident arising of and in the 

course of his employment. On review, the full commission 

affirmed the deputy commissioner's findings and accepted his 

credibility determination. 

 It is well-settled that credibility determinations are 

within the fact finder's exclusive purview. Goodyear Tire & 

Rubber Co. v. Pierce, 5 Va. App. 374, 381, 363 S.E.2d 433, 437 

(1987). In this instance, the issue of whether Evans sustained 

an injury by accident was entirely dependent upon the credibility 

of Evans and the witnesses. Based upon the lack of corroboration 

from Landergan, Windom, or the accident reports and medical 

records, of the happening of an identifiable incident, we cannot 

say as a matter of law that the commission erred in rejecting the 

testimony of Evans and McFarland, and finding that Evans failed 

to meet his burden of proving an injury by accident. 
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 We find no merit in Evans' contention that the commission 

improperly relied upon hearsay to determine how the accident 

happened. It is clear from the commission's opinion that it 

considered the medical records and accident reports as 

impeachment of Evans' testimony. This is a permissible use of 

such evidence. Moreover, the accident reports and medical 

information sheets were completed by Evans, and therefore, were 

not hearsay evidence. 

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

 Affirmed.