COURT OF APPEALS OF VIRGINIA 

Present: Judges Benton, Coleman and Willis 

LAURA D. PERFATER 

v. Record No. 0712-95-3 MEMORANDUM OPINION*

 PER CURIAM 

AMES TEXTILE CORPORATION SPETEMBER 26, 1995 

AND 

AMERICAN & FOREIGN INSURANCE COMPANY 

FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION 

 (Joseph J. Steffen, Jr., on brief), for appellant. 

 (Richard D. Lucas; Woods, Rogers & Hazlegrove, on 

brief), for appellees. 

 Laura D. Perfater contends that the Workers' Compensation 

Commission erred in finding that she failed to prove that her 

alleged neck and shoulder injuries were causally related to her 

compensable May 18, 1994 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. Rule 5A:27. 

 

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

designated for publication. 

 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). 

Unless Perfater's evidence proved as a matter of law that the 

accident of May 18 caused her injury, rather than some other 

causative event or circumstance, the commission's findings are 
 2 

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

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

 In denying benefits to Perfater, the commission found the 

following: 

 The Deputy Commissioner denied benefits, 

finding the claimant was not credible and did 

not give accurate histories to the 

physicians, which renders their opinions 

regarding causation less persuasive. Upon 

Review of the entire record, we agree with 

the Deputy Commissioner's determination. Not 

only were the physicians unaware of the 

claimant's limited recreational activities, 

the medical reports refer to a history of 

neck complaints since the accident, which the 

claimant denied at the hearing. 

 While an EMG revealed a tardy ulnar 

palsy, this condition is not related to the 

accident. The claimant never complained to 

anyone with the employer about any other 

injuries besides the eye cut and did not give 

an accurate medical history to her 

physicians. Based on the inconsistencies and 

inaccuracies in the record, we cannot find 

the claimant has sustained her burden of 

establishing a causal link between her neck 

complaints and her May 18, 1994 industrial 

accident . . . . 

 Credibility determinations of witnesses 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). Because 

Perfater gave her treating physicians inaccurate medical 

histories, the commission was entitled to find that the 

physician's medical opinion concerning the cause of Perfater's 

neck condition was not based upon reliable information. 

Accordingly, the commission was entitled to reject the 

physician's opinion concerning causation. See Clinchfield Coal 
 3 

Co. v. Bowman, 229 Va. 251-52, 329 S.E.2d 15, 16 (1985). "It 

lies within the commission's authority to determine the facts and 

the weight of the evidence . . . ." Rose v. Red's Hitch & 

Trailer Servs., Inc., 11 Va. App. 55, 60, 396 S.E.2d 392, 395 

(1990). The commission considered the witnesses' testimony and 

the medical records and resolved the issue of credibility against 

Perfater. We will not disturb this finding on appeal. Goodyear, 

5 Va. App. at 381, 363 S.E.2d at 437. 

 Accordingly, we affirm the commission's decision. 

 Affirmed.