COURT OF APPEALS OF VIRGINIA 

Present: Judges Baker, Annunziata and Overton 

Argued at Norfolk, Virginia 

ROBERT BEATTY 

 MEMORANDUM OPINION* BY 

v. Record No. 2322-96-1 JUDGE NELSON T. OVERTON 

 APRIL 29, 1997 

NARRICOT INDUSTRIES, INC., ET AL. 

 FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION 

 Richard E. Railey, Jr. (Railey & Railey, 

P.C., on brief), for appellant. 

 Arthur T. Aylward (Midkiff & Hiner, P.C., on 

brief), for appellees. 

 Robert Beatty appeals from a decision of the Workers’ 

Compensation Commission that found that an injury he suffered 

while working for Narricot Industries, Inc. did not arise out of 

his employment. Finding credible evidence in the record to 

support the commission’s decision, we affirm. 

 The parties are fully conversant with the record in the 

cause, and because this memorandum opinion carries no 

precedential value, no recitation of the facts is necessary. 

 Guided by well established principles, we construe the 

evidence in the light most favorable to the party prevailing 

below. See Crisp v. Brown's Tysons Corner Dodge, Inc., 1 Va. 

App. 503, 504, 339 S.E.2d 916, 916 (1986). The claimant bears 

the burden of proving his injury arose out of his employment. 

 

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

designated for publication. 
 2 

See Marketing Profiles, Inc. v. Hill, 17 Va. App. 431, 433, 437 

S.E.2d 727, 729 (1993). The issue of whether an injury arose out 

of employment is a mixed question of law and fact, reviewable on 

appeal. See Southside Training Center v. Shell, 20 Va. App. 199, 

202, 455 S.E.2d 761, 763 (1995). However, the commission's 

underlying findings of fact will not be disturbed on review if 

credible evidence supports them. See Hill, 17 Va. App. at 435, 

437 S.E.2d at 729-30; Ogden Allied Aviation v. Shuck, 17 Va. App. 

53, 55, 434 S.E.2d 921, 922 (1993). 

 Beatty originally told his employer, his doctors, and the 

insurance adjuster that his injury occurred when he twisted in 

his seat at work. For the first time at the deputy 

commissioner’s hearing, Beatty testified that the injury occurred 

as he rode over a bump. As the fact finder, the commission was 

entitled to resolve this factual discrepancy as to how the injury 

occurred, see Grove v. Allied Signal, Inc., 15 Va. App. 17, 19, 

421 S.E.2d 32, 33 (1992), and find that Beatty’s accident did in 

fact occur as he was twisting. Credible evidence supports this 

determination. 

 Injuries from simple acts such as walking, bending, turning, 

or, in this case, twisting, do not arise out of the employment 

absent some condition of the employment which contributes to the 

injury. See County of Chesterfield v. Johnson, 237 Va. 180, 186, 

376 S.E.2d 73, 76 (1989). The evidence does not support the 

existence of such a condition of employment. 
 3 

 Narricot Industries cross-appeals, contending that the 

commission erred in finding that the injury occurred while in the 

course of Beatty’s employment. Because our holding above 

disposes of this matter completely, we need not address the 

cross-appeal. 

 Accordingly, the commission's decision is affirmed. 

 Affirmed.