COURT OF APPEALS OF VIRGINIA 

Present: Judges Benton, Coleman and Willis 

RAPPAHANNOCK FRAMING & TRIM 

AND 

ERIE INSURANCE EXCHANGE 

v. Record No. 0979-95-2 MEMORANDUM OPINION*

 PER CURIAM 

TIMOTHY LADON TRENT SEPTEMBER 5, 1995 

FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION 

 (Jennifer Lee Parrish; Roberts, Ashby & Parrish, on 

brief), for appellants. Appellants submitting on 

brief. 

 (Carroll E. Smith, on brief), for appellee. Appellee 

submitting on brief. 

 Rappahannock Framing & Trim and its insurer (hereinafter 

collectively referred to as "employer") appeal from a decision of 

the Workers' Compensation Commission awarding benefits to Timothy 

Ladon Trent for an April 6, 1994 back injury. Employer contends 

that (1) no credible evidence supports the commission's finding 

that Trent sustained an injury by accident arising out of and in 

the course of his employment; (2) the commission erred in not 

considering inconsistencies in Trent's medical histories; (3) no 

credible evidence supports the commission's award of temporary 

total and temporary partial compensation; and (4) no credible 

evidence proved that Trent adequately marketed his residual 

capacity. Finding no error, we affirm. 

 

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

designated for publication. 
 2 

 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). 

Factual findings made by the commission will be upheld if 

supported by credible evidence. James v. Capitol Steel Constr. 

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

 Trent testified that, on April 6, 1994, while working for 

employer as a carpenter, he fell from a six-foot ladder and 

landed on his back on the floor. Trent's fall was witnessed by 

four or five co-workers, including his foreman, Tim Southern. 

Trent completed his work shift and returned to work the following 

morning. However, he was unable to continue working because of 

pain. 

 On April 12, 1994, Trent received medical treatment for low 

back and leg pain of a one-week duration at the Mary Washington 

Hospital emergency room. Trent was excused from work for three 

days and referred for orthopedic care. The emergency room notes 

state that Trent sustained leg and back pain when he stepped into 

mud and do not mention the ladder incident. Trent testified that 

he told the emergency room personnel about both incidents. 

 On April 18, 1994, Trent was first seen by Dr. Michael B. 

O'Brien, an orthopedic surgeon. Trent told Dr. O'Brien that he 

had stepped into mud and injured his lower back and left leg 

about one month before and that he had fallen off of a ladder and 

reinjured his back and leg one week before the April 18, 1994 
 3 

examination. After an MRI revealed a herniated disc and possible 

extruded fragment, Dr. O'Brien recommended surgery. Dr. O'Brien 

opined that Trent was totally disabled as a result of these two 

incidents, both of which occurred at work, and noted that Trent 

needed to be very careful with his work until he could have the 

surgery. The surgery was not performed because employer denied 

Trent's claim. On June 27, 1994, Dr. O'Brien noted Trent's 

continuing back complaints and prescribed medication. 

 Trent stated that he began working part-time in August 1994 

performing painting work for various friends. He earned 

approximately $2000.00 between August 15, 1994 and December 9, 

1994. In rendering its award, the commission considered the 

testimony of Trent's foreman and co-workers concerning the ladder 

incident, evidence of other previous injuries Trent may have 

sustained, Trent's recorded statement, and the medical records. 

The commission resolved any inconsistencies in the evidence in 

favor of Trent. Trent's testimony and Dr. O'Brien's medical 

records constitute credible evidence to support the commission's 

findings that Trent's back injury was causally related to the 

April 6, 1994 fall from the ladder and resulted in total 

disability commencing April 7, 1994. "The fact that there is 

contrary evidence in the record is of no consequence if there is 

credible evidence to support the commission's findings." Wagner 

Enters., Inc. v. Brooks, 12 Va. App. 890, 894, 407 S.E.2d 32, 35 

(1991). On appellate review, this Court "does not retry the 
 4 

facts, reweigh the preponderance of the evidence, or make its own 

determination of the credibility of the witnesses." Id. 

 Because we affirm the commission's finding that Trent 

suffered total disability, we will not address the merits of 

employer's argument that Trent failed to market his residual 

capacity. Therefore, for the reasons stated, we affirm the 

commission's award of temporary total disability benefits for the 

period from April 8, 1994 through August 14, 1994 and temporary 

partial disability benefits commencing August 15, 1994. 

 Affirmed.