COURT OF APPEALS OF VIRGINIA 

Present: Judges Benton, Coleman and Willis 

GOODYEAR TIRE & RUBBER COMPANY 

AND 

TRAVELERS INDEMNITY COMPANY OF 

 ILLINOIS MEMORANDUM OPINION*

 PER CURIAM 

v. Record No. 0946-96-3 OCTOBER 1, 1996 

 

WILLIE R. MOORE 

 FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION 

 (Martha White Medley; Daniel, Vaughan, Medley & 

Smitherman, on brief), for appellants. 

 (Stephen G. Bass; Carter, Craig, Bass, Blair & 

Kushner, on brief), for appellee. 

 Goodyear Tire & Rubber Company and its insurer (hereinafter 

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

Compensation Commission erred in finding that (1) Willie R. Moore 

proved a reasonable excuse for failing to give his employer 

timely notice of his June 10, 1995 injury by accident; and (2) 

the employer failed to prove it suffered prejudice due to Moore's 

late notice. 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. 

 Code § 65.2-600(d) requires an employee to give written 

notice of an injury by accident within thirty days of the 

 

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

designated for publication. 
 2 

accident "unless reasonable excuse is made to the satisfaction of 

the Commission for not giving such notice and the Commission is 

satisfied that the employer has not been prejudiced thereby." In 

applying the statute, the principles are well established that 

"the burden of showing a reasonable excuse for . . . delay in 

giving notice is upon the [employee, and, that] . . . the burden 

is upon the employer to show that [the employer] has been 

prejudiced by the delay." Maryland Cas. Co. v. Robinson, 149 Va. 

307, 311, 141 S.E. 225, 226 (1928); see also Lucas v. Research 

Analysis Corp., 209 Va. 583, 586, 166 S.E.2d 294, 296 (1969); 

Westmoreland Coal Co. v. Coffey, 13 Va. App. 446, 448, 412 S.E.2d 

209, 211 (1991). 

 The evidence proved that Moore sustained a sting or burn on 

the left side "down in [his] privates" when he pulled a cable 

over a tree as part of his job duties. Moore thought the burning 

sensation was caused by sweat irritating his groin. Based upon 

credible evidence in the record, the commission made the 

following findings: 

 [Moore] believed that the groin discomfort 

was a dermatological problem. He treated it 

with rubbing alcohol. On July 16, 1995, he 

first noticed a protuberance. He then 

notified the plant nurse. Notice was 

provided within thirty-seven days of the 

accident, as soon as [Moore] learned that he 

had sustained a hernia. . . . [Moore] was 

successfully treated and operated upon on 

August 3, 1995, more than two weeks after he 

reported the accident. 

The commission also found that Moore offered a reasonable excuse 
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for failing to provide written notice in accordance with Code 

§ 65.2-600 and that the employer did not prove prejudice from the 

delay. 

 In reviewing decisions of the commission with respect to 

reasonable excuse under Code § 65.2-600 (formerly 65.1-85), the 

Supreme Court has stated that the principal issue is whether 

evidence is offered to the satisfaction of the commission. See

Lucas, 209 Va. at 586, 166 S.E.2d at 296. The record contains 

credible evidence from which the commission could reasonably find 

that Moore's excuse was reasonable. Thus, we may not disturb 

those findings on appeal. See James v. Capitol Steel Constr. 

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

 Moreover, the employer presented no evidence to show that 

the delay of seven days beyond the thirty-day notice period 

increased the severity of Moore's injury, extended his recovery 

time, or increased his absence from work. Thus, the commission's 

finding that the employer suffered no prejudice as a result of 

Moore's late notice is binding and conclusive upon this Court on 

appeal. See Tomko v. Michael's Plastering Co., 210 Va. 697, 699, 

173 S.E.2d 833, 835 (1970). 

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

 Affirmed.