COURT OF APPEALS OF VIRGINIA 

Present: Judges Baker, Elder and Fitzpatrick 

KAREN A. BAYOUTH 

v. Record No. 2336-96-2 MEMORANDUM OPINION*

 PER CURIAM 

PIZZA HUT, INC. MARCH 25, 1997 

AND 

AMERICAN MANUFACTURERS MUTUAL 

 INSURANCE COMPANY 

 FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION 

 (Peter D. Eliades; Marks & Harrison, on 

brief), for appellant. 

 (Lynne Jones Blain; Morris & Morris, on 

brief), for appellees. 

 Karen A. Bayouth (claimant) contends that the Workers' 

Compensation Commission (commission) erred in finding that she 

failed to prove that she sustained injuries as the result of an 

injury by accident arising out of and in the course of her 

employment on November 2, 1994. 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. 

 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). 

Unless we can say as a matter of law that claimant's evidence 

 

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

designated for publication. 
 2 

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 claimant's evidence failed to 

prove that she sustained injuries causally related to a November 

2, 1994 work-related incident. As the basis for its decision, 

the commission made the following findings: 

 The claimant has the burden of proving 

that the cheese box which fell on her on 

November 2, 1994, is the cause of her right 

carpal tunnel syndrome and shoulder 

impingement. From this record, we agree with 

the Deputy Commissioner that the claimant has 

not carried her burden. Although she 

mentioned the incident to her fellow 

employees and supervisors, she denied that 

there was any injury. She also denied any 

injury when she reported to St. Mary's 

Hospital, to Dr. Southerland, and to Dr. 

Zelouf. Dr. Fiore's first mention of the 

incident was not until March 7, 1995, which 

is more than three months after the incident. 

 When she completed her medical form in 

January, 1995, she was uncertain as to 

whether there was a work-related cause to her 

right upper extremity problems. It appears 

from the evidence that the claimant 

ultimately surmised in retrospect that her 

discomfort must be related to the box 

dropping on her. While this is a 

possibility, the delay in making this 

connection casts sufficient doubt on the 

probability of this causal link to deny the 

claim. 

 The commission, in its role as fact finder, was entitled to 

weigh the evidence and determine the credibility of the 

witnesses. Goodyear Tire & Rubber Co. v. Pierce, 5 Va. App. 374, 

381, 363 S.E.2d 433, 437 (1987). Based upon claimant's denial of 
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any injury in her reports of the November 2, 1994 incident to her 

coworkers and supervisors and her failure to report any specific 

injury or trauma to her initial medical providers, the commission 

was entitled to conclude that claimant had not proved that her 

injuries were caused by the November 2, 1994 work-related 

incident. "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). 

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

 Affirmed.