COURT OF APPEALS OF VIRGINIA 

Present: Judges Benton, Coleman and Willis 

HERITAGE ELECTRICAL CORPORATION 

AND 

FEDERATED MUTUAL INSURANCE COMPANY 

 MEMORANDUM OPINION*

v. Record No. 2475-97-2 PER CURIAM 

 MARCH 10, 1998 

CHRISTOPHER MILES LAINE 

 FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION 

 (Robert M. McAdam; David W. Hearn; Wooten & 

Hart, on briefs), for appellants. 

 (William R. Keown; Beddow, Marley & 

Associates, on brief), for appellee. 

 Heritage Electrical Corporation and its insurer (hereinafter 

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

Commission erred in finding that Christopher Miles Laine proved 

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

the course of his employment on June 24, 1995; and (2) his 

disability after June 24, 1995 was causally related to the June 

24, 1995 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. 

 

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

designated for publication. 
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 I. Injury by Accident

 In affirming the deputy commissioner's finding that Laine 

suffered an injury by accident on June 24, 1995, the commission 

found as follows: 

 [Laine] has testified to two events which 

resulted in hip pain going down into his leg. 

 He has stated that he assumed that the 

activity of climbing down from the ceiling 

onto the ladder was the cause of his problem 

and, as a result, initially filed his claim 

based on that activity. In spite of this, 

the evidence does support the finding by the 

Deputy Commissioner that [Laine] sustained an 

injury by accident on June 24, 1995. The act 

of lifting the roll of wire and immediately 

experiencing the onset of symptoms 

constitutes an accident. There is 

corroborating evidence of this occurrence. 

[Robert] Perrot testified that [Laine] told 

him on that evening "that his butt was 

hurting." In a telephone conversation on 

July 5, 1995, he gave information for the 

employer to complete the First Report of 

Accident, which information was consistent 

with the accident on June 24, 1995. Although 

there is some disparity as to details, the 

June 24 accident history is generally 

consistent with the history given to Dr. 

[David L.] Hudson who initially evaluated 

[Laine]. That history refers to lifting and 

stocking at work. While the time frame of 

that history is consistent with the ladder 

occurrence, the description is more 

consistent with the lifting incident on June 

24, 1995. These imprecise histories were 

given at times when [Laine] would not be 

focusing on precision for legal reasons, but 

would be more concerned with his general 

perception of what was going on between 

activities and physical complaints. 

 "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 
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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, 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 

commission's finding." Id. 

 In rendering its decision, the commission considered the 

various medical histories, Laine's testimony, his statements to 

employer, and the testimony of his co-workers. The commission 

resolved any inconsistencies in this evidence in favor of Laine. 

 Laine's testimony, which is corroborated by contemporaneous 

medical reports and Laine's statements to Perrot and the 

employer, provides credible evidence to support the commission's 

finding that he proved an identifiable incident. Laine's 

testimony and the medical evidence proved that the June 24, 1995 

incident caused a sudden mechanical change in his body. The 

commission so found. Thus, those findings are conclusive on this 

appeal. See James v. Capitol Steel Constr. Co., 8 Va. App. 512, 

515, 382 S.E.2d 487, 488 (1989). Those findings are sufficient 

to prove an injury by accident arising out of employment. 

 II. Causation/Disability
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 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). "The 

actual determination of causation is a factual finding that will 

not be disturbed on 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 holding that the evidence proved a causal relationship 

between the accident of June 24, 1995 and Laine's disability, the 

commission found as follows: 

 At the time of the first medical treatment, 

Dr. Hudson received the lifting history. 

Sciatica was diagnosed. There is no history 

of prior back problems. Dr. Hudson felt that 

there was possibly nerve root impingement 

which would be secondary to a bulging disc. 

On July 3, 1995, he referred [Laine] to an 

orthopedic specialist for severe sciatica, 

listing an injury date of June 27, 1995. 

This was based on the lifting history. When 

the record is considered in its entirety, it 

is evident that [Laine's] condition commenced 

after the lifting incident on June 24, 1995. 

 The medical finding of sciatica and the more 

refined diagnosis of a herniated disc are 

consistent with that accident description and 

the medical treatment. The medical evidence 

in conjunction with the claimant's testimony 

is sufficient to establish causation. 

 Dr. Hudson's medical records and Laine's testimony provide 

credible evidence to support the commission's findings. Based 

upon the totality of the medical records and Laine's testimony, 

the commission could reasonably infer that Laine's disability was 

caused by the June 24, 1995 injury by accident. "If there is 
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evidence, or reasonable inferences can be drawn from the 

evidence, to support the Commission's findings, they will not be 

disturbed on review, even though there is evidence in the record 

to support a contrary finding." Morris v. Badger Powhatan/Figgie 

Int'l, Inc., 3 Va. App. 276, 279, 348 S.E.2d 876, 877 (1986). 

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

 Affirmed.