COURT OF APPEALS OF VIRGINIA 

Present: Judges Bray, Annunziata and Overton 

HUNTLEY FARMS 

AND 

CENTURY INDEMNITY COMPANY MEMORANDUM OPINION*

 PER CURIAM 

v. Record No. 1169-96-4 NOVEMBER 26, 1996 

 

RANDOLPH S. KENDRICK, SR. 

FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION 

 (Douglas A. Seymour, on brief), for 

appellants. 

 (Lawrence J. Pascal; Ashcraft & Gerel, on 

brief), for appellee. 

 Huntley Farms and its insurer (hereinafter collectively 

referred to as "employer") contend that the Workers' Compensation 

Commission ("commission") erred in reversing the deputy 

commissioner's credibility determination and finding that 

Randolph S. Kendrick, Sr. ("claimant") proved he sustained an 

injury by accident arising out of and in the course of his 

employment on August 15, 1994. 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 below. R.G. Moore Bldg. Corp. v. 

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

 

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

designated for publication. 
 2 

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). 

 The commission found that claimant sustained a new injury by 

accident arising out of his employment on August 15, 1994. In so 

ruling, the commission stated: 

 We find credible the claimant's testimony 

that as he was stepping down from a saw mill 

platform, he stepped awkwardly onto the 

corner of a step in order to avoid a log 

which was protruding onto the step and a 

co-worker who was sawing on the platform. 

The comments of Dr. Dart indicate that the 

April, 1994 injury contributed to the 

claimant's ankle instability. The claimant, 

his wife, and the farm manager all testified 

that the claimant continued to experience 

problems with this ankle following the April 

injury. The awkward movement onto the step, 

combined ith [sic] the pre-existing ankle 

instability, caused claimant to fall. 

Although the step from the saw mill platform 

was not defective, the claimant's movement 

was impeded. The Deputy Commissioner found 

that this description of the accident was not 

credible because the medical reports do not 

mention the log protruding on the step. 

However, we do not find that the medical 

reports which describe the accident in 

general terms, impeach claimant's credible 

testimony. 

 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). 
 3 

 Claimant's testimony, which was not inconsistent with the 

medical records, provides credible evidence to support the 

commission's finding that he sustained a new injury by accident 

arising out of and in the course of his employment on August 15, 

1994. The deputy commissioner's credibility determination was 

based on the evidence and the substance of claimant's testimony. 

 Therefore, the full commission could make its own credibility 

determination. Id. In its role as fact finder, the commission 

was entitled to accept claimant's testimony. 

 In addition, Dr. Dart's medical records provide credible 

evidence to support the commission's finding that claimant's 

post-August 15, 1994 disability and left ankle surgeries were 

causally related to his August 15, 1994 injury by accident. 

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

 Affirmed.