COURT OF APPEALS OF VIRGINIA 

Present: Judges Bumgardner, Humphreys and Senior Judge Hodges 

SENTARA NORFOLK GENERAL HOSPITAL AND 

 RECIPROCAL OF AMERICA 

 MEMORANDUM OPINION* 

v. Record No. 0753-02-1 PER CURIAM 

 AUGUST 13, 2002 

MICHAEL W. JAMES 

 FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION 

 (George J. Dancigers; Heilig, McKenry, 

 (Fraim & Lollar, P.C., on brief), for 

appellants. 

 (Alan P. Owens, on brief), for appellee. 

 Sentara Norfolk General Hospital and its insurer 

(hereinafter referred to as "employer") contend the Workers' 

Compensation Commission erred in finding that Michael W. James 

(claimant) proved that he sustained an injury by accident 

arising out of and in the course of his employment on November 

1, 2000. Upon reviewing the record and the parties' briefs, 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). "In 

 

* Pursuant to Code § 17.1-413, this opinion is not 

designated for publication. 
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order to carry his burden of proving an 'injury by accident,' a 

claimant must prove that the cause of his 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). 

 Factual findings made by the commission will be upheld on 

appeal if supported by credible evidence. See James v. Capitol

Steel Constr. Co., 8 Va. App. 512, 515, 382 S.E.2d 487, 488 

(1989). Furthermore, it is well settled that credibility 

determinations 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). 

 In ruling that claimant proved an injury by accident 

occurring on November 1, 2000, the commission found as follows: 

The employer points to back problems 

reported in 1992, 1995, and 1997 as evidence 

of a "long history of back problems." As 

set forth above, however, the claimant 

complained in 1995 and 1997 of back pain, 

but was eventually diagnosed with and 

treated for diverticulitis. In 1999, the 

claimant also complained of back pain but 

was diagnosed with and treated for 

prostatis. We do not believe that the 

evidence fairly can be read to show that the 

claimant had longstanding back problems. 

 Regardless, the claimant clearly 

described an accident that occurred on 

November 1, 2000, when he was pulling heavy 

wire through a conduit at work. He credibly 

described believing that his problems were 

continued gastrointestinal problems, and his 
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family doctor also thought this was the 

case, diagnosing him with prostatis on 

November 3, 2000. When his condition 

worsened, an MRI was ordered and revealed a 

herniated disc. Dr. [Bruce D.] Moffatt 

noted on November 10, 2000, that the 

claimant injured himself while pulling wire 

at work about one week earlier. Dr. Moffatt 

also noted that the MRI showed "what appears 

to be a fresh disk herniation on the left at 

L4-5. This is a significant herniation for 

the space involved." 

 As for the recorded statement, the 

claimant explained to the adjuster that he 

initially had stomach pain and eventually 

developed back pain. We believe that this 

statement corroborated his hearing testimony 

that he felt pain in his stomach and back 

after pulling the wires, but initially 

believed he was suffering from recurring 

stomach problems. When the back pain 

worsened, he received specialized treatment. 

Moreover, the two co-workers who testified 

corroborated that the claimant suffered an 

accident at work on November 1, 2000, while 

pulling wire. We believe that the claimant 

met his burden of proving an injury by 

accident. 

 The testimony of claimant and his two co-workers, Anthony 

Kyles and Thomas Knight, provide credible evidence to support 

the commission's findings. The significance of the content of 

claimant's recorded statement was a matter for the fact finder 

to weigh in assessing claimant's credibility. It did so and 

accepted claimant's testimony. Furthermore, as fact finder, the 

commission was entitled to weigh the medical evidence and to 

conclude that claimant and his physician reasonably believed at 

first that his condition was related to recurring stomach 

problems, but later determined it was due to the wire pulling 
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incident on June 1, 2000, which resulted in a "fresh" herniated 

disc. No medical evidence showed that claimant's prior medical 

condition was disabling or caused loss of time from work at any 

time close to the November 1, 2000 injury by accident. "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, 215 

(1991). 

 Because the commission's findings are supported by credible 

evidence, they are binding and conclusive upon us on appeal. 

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

consequence if there is credible evidence to support the 

commission's finding." Wagner Enters., Inc. v. Brooks, 12 Va. 

App. 890, 894, 407 S.E.2d 32, 35 (1991). Moreover, "in 

determining whether credible evidence exists, 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." Id.

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

Affirmed.