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Tucker v. American First Properties and Transportation Insurance Co.3/19/1996
, 1994 work hardening report support the commission's finding. Accordingly, we hold that the commission did not err in finding that Tucker refused selective employment without justification and in suspending claimant's compensation as of May 25, 1994.
II. Injury by Accident
(Record No. 1960-95-1)
"In order to carry burden of proving an 'injury by accident,' a claimant must prove that the cause of injury was an identifiable incident or sudden precipitating event and that it resulted in an obvious sudden mechanical or structural change in the body." Morris v. Morris, 238 Va. 578, 589, 385 S.E.2d 858, 865 (1989). The commission found that Tucker sustained an injury by accident arising out of and in the course of her employment on February 21, 1994. Tucker's testimony described an identifiable incident that resulted in an obvious onset of pain. In rendering its decision, the commission also considered the various medical histories, and resolved any conflicts in this evidence in favor of claimant. "In determining whether credible evidence exists, the appellate court does not retry the facts, reweigh the preponderance of the evidence, or make its own determination of the credibility of the witnesses." Wagner Enters., Inc. v. Brooks, 12 Va. App. 890, 894, 407 S.E.2d 32, 35 (1991). "The fact that there is contrary evidence in the record is of no consequence if there is credible evidence to support the commission's finding." Id.
Tucker's undisputed testimony, corroborated by the accident report and medical records, provides ample credible evidence to support the commission's finding. Thus, that finding is conclusive on this appeal. James v. Capitol Steel Constr. Co., 8 Va. App. 512, 515, 382 S.E.2d 487, 488 (1989).
For these reasons, we affirm the commission's decision.
Record No. 1933-95-1 Affirmed.
Record No. 1960-95-1 Affirmed.
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