COURT OF APPEALS OF VIRGINIA 

Present: Judges Bray, Annunziata and Overton 

DONALD LEE KRENISKY 

v. Record No. 2515-96-1 MEMORANDUM OPINION*

 PER CURIAM 

PROFESSIONAL COATINGS NORTH AMERICA, INC. MARCH 25, 1997 

 A/K/A PROFESSIONAL COATINGS CORPORATION, 

 MARINE HYDRAULICS INTERNATIONAL, INC., 

 LEGION INSURANCE COMPANY, MID-ATLANTIC 

 COATINGS, INC., AMERICAN GUARANTEE AND 

 LIABILITY INSURANCE COMPANY, TIDEWATER 

 TEMPS, INC. AND HARTFORD UNDERWRITERS 

 INSURANCE COMPANY 

 FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION 

 (Robert J. Macbeth, Jr.; Rutter & Montagna, 

on brief), for appellant. 

 (F. Nash Bilisoly; Kelly Outten Stokes; 

Vandeventer, Black, Meredith & Martin, on 

brief), for appellees Professional Coatings 

North America, Inc. a/k/a Professional 

Coatings Corporation and Legion Insurance 

Company. 

 No briefs for appellees Marine Hydraulics 

International, Inc., Mid-Atlantic Coatings, 

Inc., American Guarantee and Liability 

Insurance Company, Tidewater Temps, Inc. and 

Hartford Underwriters Insurance Company. 

 Donald L. Krenisky (claimant) contends that the Workers' 

Compensation Commission (commission) erred in finding that he 

failed to prove he sustained an injury by accident arising out of 

and in the course of his employment on or about October 17, 1994. 

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

 

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

designated for publication. 
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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. R.G. Moore Bldg. Corp. v. 

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

 So viewed, the evidence established that in October 1994, 

claimant and a coworker were required to move approximately 400 

gallons of paint contained in five-gallon buckets from dockside 

to the deck of a ship. Claimant was required to lift the buckets 

approximately chest-height and then place them on a deck rail. 

Claimant's coworker, Warren Weidrick, then moved the buckets from 

the rail to the deck. Claimant stated that while lifting a 

specific bucket, he felt a sudden pain in his neck. Weidrick 

testified that claimant complained of a kink in his neck. 

However, claimant could not identify the exact date or time of 

his injury. In early November 1994, claimant began working for 

another employer performing the same type of work. Claimant 

continued to work until January 30, 1995. 

 Claimant first received medical treatment on October 20, 

1994, for complaints of neck and shoulder pain. The initial 

medical history reported that claimant thought "he sustained 

injury carrying five gallon paint bucket." Claimant next sought 

medical treatment on November 3, 1994 at Sentara Hospital 

emergency room. The emergency room record reported a history of 

claimant hurting his back lifting five-gallon buckets of paint at 
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work. On January 31, 1995, claimant sought medical treatment 

from Dr. Timothy Raines. At that time, claimant gave a history 

of injuring his back about three months earlier. An MRI 

performed on January 31, 1995 revealed spondylosis at C5-6 and 

C6-7 with indications of a possible herniated cervical disc. Dr. 

Raines referred claimant to Dr. James F. Allen, a neurosurgeon, 

for evaluation. On February 3, 1995, Dr. Allen reported a 

history of "lifting multiple 5 gallon buckets on an unspecified 

date while . . . at work." Dr. Allen diagnosed "underlying 

cervical spondylosis with some soft suggestions of a right-sided 

C6-7 disk herniation." Dr. Allen recommended that claimant 

undergo conservative treatment before considering surgery. On 

June 21, 1995, claimant sought treatment at Sentara Hospital 

emergency room following a motor vehicle accident. The emergency 

room physician diagnosed a cervical strain and lumbar strain. 

 "In order to establish entitlement to compensation benefits, 

the claimant must prove, by a preponderance of the evidence, an 

injury by accident which arose out of and in the course of his 

employment." Classic Floors, Inc. v. Guy, 9 Va. App. 90, 95, 383 

S.E.2d 761, 764 (1989). "[T]o establish an injury by accident, a 

claimant must prove: (1) an identifiable incident; (2) that 

occurs at some reasonably definite time; (3) an obvious sudden 

mechanical or structural change in the body; and (4) a causal 

connection between the incident and the bodily change." 

Chesterfield County v. Dunn, 9 Va. App. 475, 476, 389 S.E.2d 180, 
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181 (1990). Unless we can say as a matter of law that claimant's 

evidence sustained his burden of proof, the commission's findings 

are binding and conclusive upon us. Tomko v. Michael's 

Plastering Co., 210 Va. 697, 699, 173 S.E.2d 833, 835 (1970). 

 The commission found that claimant failed to prove that his 

disability and resulting medical treatment were caused by an 

injury by accident occurring at a specific time and place. The 

commission noted that, at most, the evidence established a 

non-compensable gradual development of symptoms. These findings 

are supported by claimant's testimony, as well as the histories 

contained in the medical records, both of which suggest a gradual 

increase in symptoms over a period of at least three months. 

 [I]njury of gradual growth, . . . not the 

result of some particular piece of work done 

or condition encountered on a definite 

occasion, but caused by the cumulative effect 

of many acts done or many exposures to 

conditions prevalent in the work, no one of 

which can be identified as the cause of the 

harm, is definitely excluded from 

compensation. 

Morris v. Morris, 238 Va. 578, 585-86, 385 S.E.2d 858, 863 (1989) 

(quoting Aistrop v. Blue Diamond Coal Co., 181 Va. 287, 293, 24 

S.E.2d 546, 548 (1943)). 

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

 Affirmed.