COURT OF APPEALS OF VIRGINIA 

Present: Judges Benton, Coleman and Willis 

MW MANUFACTURERS, INC. AND 

 TRAVELERS INDEMNITY COMPANY 

 OF ILLINOIS 

 MEMORANDUM OPINION*

v. Record No. 2468-97-3 PER CURIAM 

 APRIL 14, 1998 

HENRY B. DOWDY 

 FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION 

 (Dale W. Webb; Monica L. Taylor; Gentry, 

Locke, Rakes & Moore, on brief), for 

appellants. 

 (Richard M. Thomas; Rider, Thomas, 

Cleaveland, Ferris & Eakin, on brief), for 

appellee. 

 MW Manufacturers, Inc. and its insurer (hereinafter referred 

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

Commission erred in finding that Henry B. Dowdy proved that (1) 

he sustained an injury caused by a specific identifiable incident 

occurring at work; and (2) his back injury was caused by that 

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. 

 I. 

 On appeal, we view the evidence in the light most favorable 

to Dowdy, the prevailing party below. See R.G. Moore Bldg. Corp. 

 

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

designated for publication. 
 2 

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

viewed, the evidence proved that on September 6, 1996, Dowdy and 

a co-worker, Junior Frith, were lifting a triple window unit when 

Frith lost his grip on the unit. Dowdy used his left hand to 

prevent the unit from falling and, in doing so, felt pain in his 

lower back. The window unit weighed approximately 250 pounds and 

measured six feet long and nine feet wide. 

 Dowdy testified that he reported the incident to his 

supervisor and to the plant nurse, but did not describe the 

accident with any specificity. Dowdy also gave his employer a 

recorded statement that detailed the incident consistent with his 

hearing testimony. Dr. Roger D. Tims, the first doctor who 

treated Dowdy, recorded a history of "acute low back pain which 

occurred after lifting windows at work." Dowdy gave Dr. 

W. Ronald Howell and Dr. Edgar N. Weaver, Jr. a history 

consistent with his hearing testimony. 

 Based upon the evidence in the record, the commission made 

the following findings: 

 The Deputy Commissioner found [Dowdy] 

testified credibly regarding the details of 

the September 6, 1996, incident, finding his 

account consistent with that given to the 

plant nurse, the carrier, and Drs. Howell and 

Weaver. As to the history recorded by Dr. 

Tims, the Deputy Commissioner found that 

[Dowdy] did not appreciate the significance 

of the details of the incident. . . . 

 While it is true that Dowdy was 

convicted of a felony over ten years ago, 

this conviction does not mean [he] cannot 

testify truthfully. Moreover, co-worker 

Frith corroborated Dowdy's testimony about 
 3 

the specific details of the September 6, 

1996, incident and Dowdy reported the same 

history to the carrier, the plant nurse and 

Drs. Howell and Weaver. 

 That Dr. Tims reported that [Dowdy] 

experienced back pain after lifting "windows" 

is not dispositive. Dowdy was unsure whether 

he reported a specific incident to Dr. Tims, 

and the bulk of the record reflects that 

[Dowdy] reported a specific incident to 

several individuals. Also, the only other 

witness to the September 6, 1996, incident 

testified that [Dowdy] injured his back while 

preventing a large window unit from falling. 

The commission ruled that Dowdy proved that he was injured as a 

result of an identifiable incident at work on September 6, 1996 

and "agree[d] with the Deputy Commissioner that [Dowdy] proved a 

compensable injury by accident." 

 "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). "In determining whether credible 

evidence exists [to support the commission's ruling], 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). "The 

fact that there is contrary evidence in the record is of no 

consequence if there is credible evidence to support the 
 4 

commission's finding." Id.

 In rendering its decision, the commission considered the 

various medical histories and resolved any inconsistencies 

between this evidence and Dowdy's testimony in favor of Dowdy. 

Dowdy's testimony, which was corroborated by Frith, the plant 

nurse, the recorded statement, and the medical histories of Drs. 

Howell and Weaver, provides credible evidence to support the 

commission's finding that Dowdy proved an identifiable incident 

that resulted in a compensable injury. Thus, that finding is 

conclusive on this appeal. See James v. Capitol Steel Constr. 

Co., 8 Va. App. 512, 515, 382 S.E.2d 487, 488 (1989). 

 II. 

 In holding that Dowdy proved that his back injury was caused 

by the September 6, 1996 accident at work, the commission found 

as follows: 

 Dr. Weaver offered no opinion on causation. 

Dr. Howell concluded that he could not state 

within a reasonable medical certainty that 

the degenerative disc disease from L1 through 

L4 was causally related to the industrial 

accident. However, in his Attending 

Physician's Report of February 3, 1997, Dr. 

Howell related [Dowdy's] persistent radicular 

back pain to the September 6, 1996, incident. 

 "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). Furthermore, "[t]he actual determination 

of causation is a factual finding that will not be disturbed on 
 5 

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 its role as fact finder, the commission was entitled to 

weigh the medical evidence and to accept the opinion Dr. Howell 

expressed in his Attending Physician's Report. That opinion and 

Dowdy's testimony that he had not experienced back symptoms 

immediately prior to the September 6, 1996 incident at work 

constitute credible evidence to support the commission's 

decision. Consistent with Dollar General Store v. Cridlin, 22 

Va. App. 171, 468 S.E.2d 152 (1996), the commission properly 

considered both Dowdy's testimony and the medical evidence in 

determining causation. 

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

 Affirmed.