COURT OF APPEALS OF VIRGINIA 

Present: Judges Bray, Annunziata and Overton 

STEEL FAB, INC. and 

 INSURANCE COMPANY OF NORTH AMERICA 

 MEMORANDUM OPINION*

v. Record No. 1972-96-3 PER CURIAM 

 JANUARY 7, 1997 

DANIEL L. KEITH 

 FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION 

 (Arthur T. Aylward; Midkiff & Hiner, on 

brief), for appellants. 

 (Martin Wegbreit; Client Centered Legal 

Services of Southwest Virginia, Inc., on 

brief), for appellee. 

 Steel Fab, Inc. and its insurer (hereinafter collectively 

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

Commission (commission) erred in finding that (1) Daniel L. Keith 

(claimant) sustained an injury by accident arising out of and in 

the course of his employment on April 17, 1995; (2) claimant's 

back condition was causally related to the April 17, 1995 

accident; (3) claimant was totally disabled beginning April 18, 

1995 and continuing; and (4) claimant had not been released to 

light-duty work as of July 12, 1995. 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. Rule 5A:27. 

 

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

designated for publication. 
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 I. 

 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). 

 So viewed, the evidence established that on April 17, 1995, 

claimant was working for employer as a welder. Claimant 

testified that at approximately 6:45 p.m. on that day, the 

following occurred: 

 I was going to flip [the tank] over and the 

rollers on the buggy was locked up. The tank 

[which weighed between seventy-five and 100 

pounds] was hard to turn and when I went to 

turn it, in a split second it tried to take 

off, the buggy did where it was on the 

tank. . . . I tried to keep the tank on the 

buggy and keep it from falling, hold it up 

and flip it over. . . . A sudden pain come 

in my back and shot down my leg. 

Toby Taylor, who was working next to claimant on April 17, 1995, 

testified that claimant hollered at Taylor for help with the tank 

and told Taylor that he'd hurt his back. 

 Factual findings made by the commission will be upheld on 

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

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

Claimant's testimony, which is consistent with the history of the 

accident that he reported to Johnston Memorial Hospital emergency 

room personnel, Med-One personnel, and Dr. Matthew Wood, and 

which was corroborated by Taylor's testimony, provides credible 

evidence to support the commission's finding that claimant 

sustained an injury by accident arising out of and in the course 
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of his employment on April 17, 1995. Therefore, this finding is 

conclusive 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). 

 II. 

 "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). 

 The medical records of Johnston Memorial Hospital, Wise 

Appalachian Regional Hospital, Dr. Michael Lady of Med-One, and 

Dr. Daniel Robertson provide substantial credible evidence to 

support the commission's finding that claimant's back problem and 

disability were causally related to the April 17, 1995 injury by 

accident. Therefore, we will not disturb this finding on appeal. 

 Employer contends that these medical records do not 

constitute credible evidence because these medical providers were 

not aware of a back injury sustained by claimant in March 1995. 

However, the commission found that the March 1995 injury was 

minor and did not result in disability. The evidence showed that 

claimant did not seek medical care after the March 1995 back 

injury nor did he miss any work. Claimant testified that the 

March 1995 injury resolved before the April 17, 1995 accident. 

In addition, he stated that while he experienced some soreness 
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after the March 1995 incident, the April 17, 1995 accident felt 

as if someone hit him in the back with an axe. Based upon 

claimant's testimony, the commission, as fact finder, was 

entitled to infer that the March 1995 injury was minor, and that 

claimant's continuing severe incapacitating pain and disability 

after April 17, 1995 was causally related to the April 17, 1995 

injury by accident. "Where reasonable inferences may be drawn 

from the evidence in support of the commission's factual 

findings, they will not be disturbed by this Court on appeal." 

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

695, 698 (1988). 

III. and IV. 

 Neither Dr. Wood nor Dr. Robertson released claimant to 

return to light duty work as of his last office visit to these 

physicians. Rather, they both recommended further treatment. 

Claimant did not undergo further treatment because employer's 

insurer denied his claim. Based upon this record, the commission 

did not err in finding that claimant remained disabled and had 

not been released to return to light-duty work. 

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

 Affirmed.