COURT OF APPEALS OF VIRGINIA 

Present: Judges Benton, Coleman and Willis 

HALMOR CORPORATION D/B/A 

 DR. PEPPER OF STAUNTON 

AND 

SELECTIVE INSURANCE COMPANY 

 MEMORANDUM OPINION*

v. Record No. 2293-94-3 PER CURIAM 

 MAY 30, 1995 

ROBERT DONALD KELLEY 

 FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION 

 (G. Rodney Young, II; Wharton, Aldhizer & Weaver, 

 on brief), for appellants. 

 No brief for appellee. 

 Halmor Corporation d/b/a Dr. Pepper of Staunton and its 

insurer (hereinafter collectively referred to as "employer") 

contend that the Workers' Compensation Commission erred in 

finding that Robert Donald Kelley sustained an injury by accident 

arising out of and in the course of his employment. Upon 

reviewing the record and opening brief, 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. 

 "In 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 
 2 

858, 865 (1989). 

 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). We 

must uphold the commission's findings of fact if they are 

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

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

 Kelley testified that on November 15, 1993, he lifted and 

pulled the corner of a three-foot by four-foot pallet loaded with 

drinks in an attempt to remove the plastic wrap. Kelley 

testified that the plastic wrap would not come off and that he 

had to lift and pull it several times to remove it from the 

pallet. After removing the plastic wrap, Kelley loaded or moved 

the pallet. Approximately five minutes later, he sat down in a 

truck and felt a bulging pain. He examined himself in the 

restroom and discovered that "things didn't look right." He 

informed his co-worker that he had hurt himself. The co-worker 

told him that he had sustained a hernia. The pain worsened as 

Kelley continued to work. At 1:00 a.m. the next morning, Kelley 

sought treatment at King's Daughter's Hospital emergency room. 

 The hospital emergency room report states that Kelley 

"pulled something loose in LLQ, at work 8 pm tonight upon lifting 

pallet of Dr. Pepper-noted swelling upon getting into truck." 

Kelley was diagnosed with acute inguinal hernia. Dr. William L. 

Faulkenberry's Attending Physician's Report relates a similar 
 3 

history and notes treatment for left inguinal hernia. 

 The commission awarded compensation, finding that Kelley's 

left inguinal hernia was the result of a November 15, 1993, 

identifiable incident that caused an obvious sudden mechanical or 

structural change in Kelley's body. Kelley's testimony and the 

medical evidence provides sufficient credible evidence to support 

the commission's findings. Although Kelley did not experience 

pain until five minutes after pulling and lifting the pallet, his 

condition can be fairly traced to an identifiable incident 

occurring at a specific time. "Where reasonable inferences may 

be drawn from the evidence in support of the commission's factual 

findings, they will not be disturbed on appeal." Hawks v. 

Henrico County Sch. Bd., 7 Va. App. 398, 404, 374 S.E.2d 695, 698 

(1988). 

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

Affirmed.