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Augusta Lumber & Supply Inc. v. Truslow6/24/1997
.2d 205, 208 (1991). Claimant testified that on August 30, 1995, at approximately 3:10 p.m., he felt a pull in his neck down to the middle of his back while loading flooring lumber onto a truck. At that time, he reported to Harris that he might have pulled something. Claimant also reported the incident to Peduto. Claimant continued to work, but felt stiff the next day. He worked for four more days, but refrained from heavy labor. The medical records of Drs. William J. Knizer, Thomas J. Spicuzza, and William C. Broaddus corroborated claimant's testimony. Those records consistently reported a history of a neck and back injury while loading lumber at work. A November 22, 1995 MRI revealed a moderate right paracentral herniated nucleus pulposus at the C6-7 level. On March 18, 1996, Dr. Spicuzza opined that claimant's disability was causally related to the August 30, 1995 accident.
Based upon claimant's testimony and the corroborating medical histories, we find that credible evidence supports the commission's decision that claimant suffered an injury by accident arising out of and in the course of his employment on August 30, 1995 and that its decision was not arbitrary. "Although contrary evidence may exist in the record, findings of fact made by the commission will be upheld on appeal when supported by credible evidence." Bullion, 14 Va. App. at 730, 418 S.E.2d at 907.
For the reasons stated, we affirm the commission's decision.
Affirmed.
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