COURT OF APPEALS OF VIRGINIA 

Present: Judges Benton, Coleman and Willis 

KAREN SUE O'BARR 

v. Record No. 1001-95-4 MEMORANDUM OPINION*

 PER CURIAM 

AUM, INC. D/B/A DUNKIN DONUTS OCTOBER 10, 1995 

AND 

GENERAL ACCIDENT INSURANCE COMPANY OF AMERICA 

FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION 

 (Michael W. Heaviside; Ashcraft & Gerel, on brief), 

for appellant. 

 (Susan L. Herilla; Slenker, Brandt, Jennings & 

Johnston, on brief), for appellees. 

 Karen Sue O'Barr contends that the Workers' Compensation 

Commission erred in finding that she failed to prove an injury by 

accident arising out of and in the course of her employment. 

Upon reviewing the record and the briefs of the parties, we find 

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 

order to carry [her] burden of proving an 'injury by accident,' a 

claimant must prove the cause of [her] injury was an identifiable 

incident or sudden precipitating event and that it resulted in an 

obvious and sudden mechanical or structural change in the body." 

 

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

designated for publication. 
 2 

Morris v. Morris, 238 Va. 578, 589, 385 S.E.2d 858, 865 (1989) 

(citations omitted). Unless we can say as a matter of law that 

O'Barr's evidence sustained her burden of proof, the commission's 

finding is binding and conclusive upon us. Tomko v. Michael's 

Plastering Co., 210 Va. 697, 699, 173 S.E.2d 833, 835 (1970). 

 The commission found that O'Barr did not prove that she 

slipped and fell on a wet floor at work on April 10, 1994. As 

the basis for its decision, the commission stated the following: 

 While [O'Barr] testified that she 

slipped on a wet floor at work, two employees 

who were present testified that they did not 

observe, and were not made aware of, this 

incident. Fennell testified that, at lunch 

on the date of the accident, [O'Barr] 

mentioned that she had fallen. However, this 

was not communicated to either Trivedi or any 

other employee. 

 The Attending Physician's Report of 

April 27, 1994, with the history completed in 

[O'Barr's] handwriting, is the only report 

from Dr. Bryngelson referring to how the 

accident occurred. We note that forms 

completed by [O'Barr] on July 6, 1994, 

indicate ongoing neck pain of six months 

duration and lower back pain for four years. 

 As fact finder, the commission was entitled to accept the 

testimony of Ashwin and Neena Trivedi and Katrina Kelly and to 

reject O'Barr's testimony that an accident occurred. 

Furthermore, the commission could infer from the medical records 

that O'Barr suffered from ongoing neck and low back pain before 

the alleged fall and, consequently, the injury predated the 

alleged accident. "Where reasonable inferences may be drawn from 

the evidence in support of the commission's factual findings, 
 3 

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). Credible evidence in the record supports the 

commission's decision. 

 Affirmed.