COURT OF APPEALS OF VIRGINIA 

Present: Judges Benton, Coleman and Willis 

KATIECORP, INC. 

AND 

INSURANCE COMPANY OF THE MEMORANDUM OPINION*

 STATE OF PENNSYLVANIA PER CURIAM 

 DECEMBER 17, 1996 

v. Record Nos. 1568-96-3 and 

 1821-96-3 

TINA WADE 

 FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION 

 (Robert M. McAdam; Wooten & Hart, P.C., on 

brief), for appellants. 

 (Philip B. Baker; Joseph A. Sanzone 

Associates, P.C., on brief), for appellee. 

 Katiecorp, Inc. and its insurer (hereinafter collectively 

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

Commission erred in finding that Tina Wade was totally disabled 

from working as of January 2, 1996 as a result of her compensable 

February 22, 1994 injury by accident. On cross-appeal, Wade 

contends that the commission erred in denying her benefits for 

the period August 17, 1995 through January 1, 1996. Upon 

reviewing the record and the briefs of the parties, we conclude 

that these appeals are 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). 

 

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

designated for publication. 
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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). 

 In awarding temporary total disability benefits to Wade 

commencing January 2, 1996, the commission found as follows: 

 I. 

 As early as January 2, 1996, Dr. [Joseph H.] 

Wombwell was considering possible open 

patella realignment surgery and surgery was, 

in fact scheduled for later that month. Then 

on March 5, 1996, Dr. Wombwell again 

reiterated the employee's need for a surgical 

solution to her knee problem. While he did 

not specifically take Wade out of work in 

January (most likely because she was not 

working), we can infer from the medical 

records leading up to this recommendation 

that from that time forward the employee was 

totally disabled. 

 Dr. Wombwell's medical records provide credible evidence to 

support the commission's factual findings. Moreover, the 

commission could reasonably infer from these medical records that 

Wade was totally disabled beginning January 2, 1996. "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). 

 II. 

 In order to establish an entitlement to benefits, a 

partially disabled employee must prove that he or she has made a 

reasonable effort to procure suitable work but has been unable to 
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do so. Great Atlantic & Pacific Tea Co. v. Bateman, 4 Va. App. 

459, 359 S.E.2d 98 (1987). The commission found that from August 

17, 1995 through January 1, 1996, Wade failed to make that 

required effort. The record supports this finding. During that 

time she possessed marketable capability. She had employment 

experience and access to an automobile. The record supports the 

further finding that during that time, her only significant 

attempt to find employment was to contact a job placement agency. 

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

 Affirmed.