COURT OF APPEALS OF VIRGINIA 

Present: Judges Benton, Coleman and Willis 

MARSHALL RONALD BRAITHWAITE 

 MEMORANDUM OPINION*

v. Record No. 2506-99-4 PER CURIAM 

 FEBRUARY 15, 2000 

SMALLEY PACKAGE COMPANY, INC. AND 

 MARYLAND CASUALTY COMPANY 

 FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION 

 (Jimmy L. Hill; Roger Ritchie & Partners, 

P.L.C., on brief), for appellant. 

 (William S. Sands, Jr.; Duncan and Hopkins, 

P.C., on brief), for appellees. 

 

* Pursuant to Code § 17.1-413, recodifying Code 

§ 17-116.010, this opinion is not designated for publication. 

 Marshall R. Braithwaite contends that the Workers' 

Compensation Commission erred in finding that he failed to prove 

(1) he sustained an injury by accident arising out of and in the 

course of his employment on November 12, 1997; and (2) a causal 

connection between his injury and disability and the November 

12, 1997 alleged incident. 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. 

 "In order to carry [the] burden of proving an 'injury by 

accident,' a claimant must prove that the cause of [the] 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 Braithwaite's evidence sustained his burden of proof, the 

commission's findings are binding and conclusive upon us. See

Tomko v. Michael's Plastering. Co., 210 Va. 697, 699, 173 S.E.2d 

833, 835 (1970). 

 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 

ruling that Braithwaite failed to sustain his burden of proof, 

the commission found as follows: 

While [Braithwaite] testified that he told 

[Thomas] Grant[, Sr.] about the incident, 

the record shows that Grant was not at work 

that day. [Kristin] Whirley knew that 

[Braithwaite] had back problems, but she did 

not know anything about a work-related 

accident. Further, the medical records do 

not corroborate [Braithwaite's] testimony of 

an incident on November 12, 1997. When 

[Braithwaite] saw Dr. [Beverly N.] Chambers 

on November 13 and November 17, 1997, he did 

not report a work-related incident or an 

onset of back pain. The history taken for 

the lumbar spine x-rays of November 17, 

1997, noted left leg sciatica occurring "for 

the past couple of weeks." The few 

references to a work-related accident 

involving the chains and straps appear to 

relate to an incident in August 1997, and 

not a second incident in November 1997. The 

undated office note refers to changing 

straps on August 12, 1997, and then pain 

again in November 1997. [Braithwaite] 

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indicated on December 5, 1997, that the 

injury was a workers' compensation one, but 

that he did not know how the accident 

happened. Dr. [Patrick M.] Capone referred 

to a work-related incident in October 1997. 

While we do not doubt that [Braithwaite] 

suffers back pain and symptoms, the evidence 

does not establish that his condition arose 

from a work-related incident on November 12, 

1997, which is the alleged accident under 

consideration. 

 The commission's findings are amply supported by the 

record. In light of Braithwaite's uncorroborated testimony, 

which was inconsistent with the testimony of other witnesses and 

with the medical records, the commission, in its role as fact 

finder, was entitled to reject Braithwaite's testimony and to 

conclude that he failed to sustain his burden of proof. It is 

well settled that credibility determinations are within the fact 

finder's exclusive purview. See Goodyear Tire & Rubber Co. v. 

Pierce, 5 Va. App. 374, 381, 363 S.E.2d 433, 437 (1987). Based 

upon this record, we cannot find as a matter of law that 

Braithwaite sustained his burden of proving that he incurred an 

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

employment on November 12, 1997. 

 Because this ruling disposes of this appeal, we need not 

address the issue concerning proof of causal connection. For 

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

Affirmed.

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