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Hardees of Charlottesville 3 and Boddie Noell Enterprises Inc. v. Crawford11/10/1997
e in answering a question as an indication of her being an "unwilling" witness, this reference does not constitute a specific recorded observation related to a credibility determination. The deputy commissioner did not specifically find that Snow's demeanor or appearance indicated that her testimony was untruthful, evasive, or otherwise incredible.
Moreover, when the commission's findings are supported by credible evidence, as in this case, those findings are conclusive and binding on appeal. See Ross Laboratories v. Barbour, 13 Va. App. 373, 377-78, 412 S.E.2d 205, 208 (1991). Claimant testified that on October 31, 1994 between 5:30 and 6:00 a.m., when she and Snow lifted a full, four foot tall urn of tea, claimant felt a pop in her back and a sharp pain. She reported the incident to her manager, Maurice Bartley, who told her to take pain pills. Bartley did not fill out an accident report. Claimant's back continued to hurt, but she continued to work, taking pain pills to treat her symptoms. On February 20, 1995, while lifting a five gallon bucket of tea, she felt a sharp pain and popping in the same part of her back. She told Judy Taylor, the store manager, of the incident. The testimony of Donna Shifflett and Snow corroborated claimant's version of events. In addition, the medical records of the Martha Jefferson Hospital emergency room and Drs. Ronald Lather, Charles Thurber, Robert Wertz and Donald Manning corroborated claimant's testimony. Those records consistently reported a history of a back injury at work in October 1994 with subsequent re-injury several months later at work.
Based upon claimant's testimony, which was corroborated by Shifflett and Snow and the 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 her employment on October 31, 1994. "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. The medical records also support the commission's finding that claimant's "current problems originated with the October 31, 1994, accident and that subsequent incidents represent exacerbations of the original compensable back problem."
For the reasons stated, we affirm the commission's decision.
Affirmed.
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