COURT OF APPEALS OF VIRGINIA 

Present: Judges Bray, Annunziata and Overton 

DAVIS H. ELLIOT COMPANY, INC. AND 

NATIONAL UNION FIRE INSURANCE 

 COMPANY OF PITTSBURGH MEMORANDUM OPINION*

 PER CURIAM 

v. Record No. 1009-97-3 SEPTEMBER 2, 1997 

EVERETTE L. PRICE 

FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION 

 (Robert M. McAdam; David W. Hearn; Wooten & 

Hart, on brief), for appellants. 

 (Everette L. Price, pro se, on brief). 

 Davis H. Elliot Company, Inc. and its insurer (hereinafter 

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

Compensation Commission (commission) erred in (1) awarding ten 

percent permanent partial disability benefits to Everette L. 

Price (claimant) for scarring to his leg; and (2) finding that 

claimant's condition had reached maximum medical improvement. 

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. See R.G. Moore Bldg. Corp. v. 

Mullins, 10 Va. App. 211, 212, 390 S.E.2d 788, 788 (1990). 

Factual findings made by the commission will be upheld on appeal 

 

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

designated for publication. 
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if supported by credible evidence. See James v. Capitol Steel 

Constr. Co., 8 Va. App. 512, 515, 487 S.E.2d 833, 835 (1989). 

 The commission viewed the scarring to claimant's leg and the 

medical records of Dr. Judith M. Szulecki, the treating 

dermatologist. The commission's observations and Dr. Szulecki's 

medical records provide credible evidence to support the 

commission's finding that "the hypopigmentation of [claimant's] 

leg constitutes severely marked disfigurement, as defined by Code 

§ 65.2-503." "In determining whether credible evidence exists, 

the appellate court does not retry the facts, reweigh the 

preponderance of the evidence, or make its own determination of 

the credibility of the witnesses." Wagner Enters., Inc. v. 

Brooks, 12 Va. App. 890, 894, 407 S.E.2d 32, 35 (1991). 

 Dr. Szulecki, who diagnosed hypopigmentation with scarring 

as a result of high voltage injury, opined on May 21, 1996 that 

"the present findings are permanent since it has been 

approximately 8 years since his injury. I don't feel any further 

improvement will occur." Although Dr. Szulecki testified that 

Retin-A treatment might improve the thickness of the scarring, 

she admitted that it would not improve pigmentation nor could she 

state whether it would definitely work. Based upon this 

evidence, the fact finder could reasonably conclude that 

claimant's scarring had reached maximum medical improvement. 

"Where reasonable inferences may be drawn from the evidence in 

support of the commission's factual findings, they will not be 
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disturbed by this Court on appeal." Hawks v. Henrico County Sch. 

Bd., 7 Va. App. 398, 404, 374 S.E.2d 695, 698 (1988). 

 Because credible evidence supports the commission's factual 

findings, they are binding and conclusive on appeal. 

Accordingly, we affirm the commission's award of ten percent 

permanent partial disability benefits. Claimant's motion to 

dismiss and request for an award of costs is denied. 

 Affirmed.