COURT OF APPEALS OF VIRGINIA 

Present: Judges Benton, Willis and Bray 

Argued at Richmond, Virginia 

RDL - Salem, VA 

 MEMORANDUM OPINION* BY 

v. Record No. 0565-95-3 JUDGE JAMES W. BENTON, JR. 

 FEBRUARY 20, 1996 

RONNIE RYAN RICHARDSON 

 FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION 

 Monica L. Taylor (Melissa W. Scoggins; 

 Christopher M. Kite; Gentry, Locke, Rakes & 

 Moore, on brief), for appellant. 

 Carr L. Kinder, Jr., for appellee. 

 RDL - Salem, VA contends that the Workers' Compensation 

Commission erred in reversing the deputy commissioner's 

credibility determination and in finding that Ronnie Ryan 

Richardson continued to be disabled after October 29, 1992. We 

affirm the commission's decision. 

 Applying the usual standard of review, we view the evidence 

in the light most favorable to the party prevailing below. R.G. 

Moore Bldg. Corp. v. Mullins, 10 Va. App. 211, 212, 390 S.E.2d 

788, 788 (1990). In addition, on appellate review, we must 

uphold factual findings made by the commission if those findings 

are supported by credible evidence. James v. Capitol Steel 

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

 We find no merit in the employer's contention that the full 

 

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

designated for publication. 
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commission inappropriately disregarded the deputy commissioner's 

credibility determination. The record establishes that the 

deputy commissioner's "credibility" finding was based only on a 

conflict in testimony on an immaterial issue. The deputy 

commissioner chose not to believe Richardson's testimony that he 

was fired from his employment. Instead, the deputy commissioner 

accepted the testimony of Richardson's supervisor that Richardson 

quit his employment. In finding no continuing disability, 

however, the deputy commissioner based that determination on his 

analysis of the evidence. This Court has held that if the deputy 

commissioner makes a "credibility" finding based on the substance 

of the testimony or other evidence in the record, that issue is 

"as determinable by the full commission as by the deputy." 

Goodyear Tire & Rubber Co. v. Pierce, 5 Va. App. 374, 383, 363 

S.E.2d 433, 438 (1987). In such cases, the commission has no 

duty to explain its reasons for accepting the testimony of one 

witness over another. Bullion Hollow Enterprises, Inc. v. Lane, 

14 Va. App. 725, 729, 418 S.E.2d 904, 907 (1992). The sole issue 

before this Court is whether credible evidence supports the 

commission's finding that Richardson continued to be partially 

disabled. Id. 

 The record contains ample credible evidence to support the 

commission's findings. The evidence proved that on June 30, 1992 

while making a delivery in Charlotte, North Carolina, Richardson 

slipped on a piece of cardboard, fell, and injured his back. 
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Richardson was admitted to a medical center in Charlotte, where 

Dr. Samuel J. Chewning diagnosed disc herniation at the T11-12 

level and performed a decompressive laminectomy and diskectomy. 

Both parties stipulated that Richardson suffered a compensable 

injury. 

 As instructed by Dr. Chewning, Richardson had follow-up care 

in Roanoke with his family physician, Dr. E. W. Watts, Jr. In 

August of 1992, Richardson was referred to Dr. Ralph O. Dunker, 

Jr., a neurosurgeon. The record supports the commission's 

finding that "[o]n September 29, 1992, Dr. Dunker noted that 

[Richardson] was to continue in physical therapy, and that '[h]e 

has not seen any overall progress, but in fact it has not 

worsened either.'" Dr. Dunker also noted that "light duty" might 

begin in two weeks. On October 29, 1992, Dr. Dunker released 

Richardson to return to light duty work and stated that "he 

should be on an air-ride tractor to minimize the jolting and 

shock." Richardson testified that he returned to work and 

experienced continued pain. 

 Dr. James M. Leipzig, an orthopedic surgeon, who examined 

Richardson in 1993, also reported that Richardson described 

persistent back pain. Although Dr. Leipzig could find no 

"mechanical anatomic reasons" to explain Richardson's continued 

back pain, the record supports the commission's findings that "an 

MRI and x-rays . . . revealed multiple bulging discs as well as 

loss of disc space and water content." Dr. Leipzig referred 
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Richardson to Dr. Murray E. Joiner, a rehabilitation specialist. 

 Based upon his impressions of "chronic low back pain status post 

thoracic laminectomy" with possible "symptom magnification," Dr. 

Joiner recommended a pain clinic and a functional capacity 

evaluation. 

 When Richardson injured his back on April 11, 1994, while 

lifting his two year old grandchild, he was examined at a 

hospital emergency room. Dr. Evelyn W. Manetta noted 

Richardson's history of work-related injury with persistent low 

back pain and diagnosed acute back strain. Dr. Manetta 

recommended Richardson see an orthopedist. 

 Upon this evidence, we conclude that credible evidence 

supports the commission's findings. Richardson consistently 

described his physical condition to all physicians who examined 

him from September 1992 through August 1994. Moreover, the MRI 

and x-ray that Dr. Leipzig ordered in 1993 indicated numerous 

problems at the T11-12 level, the same area where Dr. Chewning 

operated after the compensable injury by accident. All of these 

problems were discovered prior to the aggravation of the injury 

on April 11, 1994. Thus, the record contains ample credible 

evidence from which the commission could find that Richardson 

continued to experience pain consistent with his injury and 

reported history of low back pain. 

 We, therefore, affirm the commission's findings that 

Richardson had a continuing disability, that Richardson's doctor 
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released him to perform light duty work, and that Richardson has 

not marketed his residual work capacity. 

 Affirmed.