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Dynair C.F.E. Services Inc. v. Rempas11/14/1995
"sudden pain."
While the deputy reported that the medical records from claimant's treating physician contradict his testimony, the commission placed "little, if any, reliance on the medical histories as evidence of how the injury occurred." Our examination of the history taken by the medical assistant might well be claimed to support either the position of the employer (depending upon the meaning of the word "trauma") or claimant (to show there was a "sudden onset of low back pain").
It is clear that on appeal we view the evidence in the light most favorable to claimant as the prevailing party below, R.G. Moore Bldg. Corp. v. Mullins, 10 Va. App. 211, 212, 390 S.E.2d 788, 788 (1990), and the commission's findings of fact are conclusive and binding on this Court if they are supported by credible evidence. James v. Capitol Steel Constr. Co., 8 Va. App. 512, 515, 382 S.E.2d 487, 488-89 (1989). The fact that contrary evidence may be found in the record is of no consequence if credible evidence supports the commission's finding. Bean v. Hungerford Mechanical Corp., 16 Va. App. 183, 186, 428 S.E.2d 762, 764 (1993). However, in order to meet claimant's burden of proving an injury by accident, he must prove the cause of his injury was an identifiable incident or sudden precipitating event and that it resulted in an obvious and sudden mechanical or structural change in is body. See Morris v. Morris, 238 Va. 578, 589, 385 S.E.2d 858, 865 (1989).
Here, the commission accepted claimant's testimony that while at work, loading bags of mail onto an airplane for employer, on March 25, 1994, he "lifted a bag up and . . . had this sharp pain in back." Claimant's deposition taken by employer prior to the hearing further revealed that, while to some extent contradictory to the above, claimant said that he "picked up a bag, and I was tossing it and then all of a sudden I had a sharp pain." The medical assistant's notes also tended to support the "sudden onset of low back pain."
We hold that there is credible evidence in this record that, if believed, proves the cause of the injury was an identifiable incident, to wit, lifting a bag of mail while performing his work assignment for employer on March 25, 1994 that precipitated sudden pain in his lower back that subsequently, by MRI and EMG tests, was shown to be a herniated disc. From the evidence, we cannot say that the commission erred in awarding compensation benefits for this claim.
Employer further asserts that the commission erred when it disregarded the medical history. The commission is required to consider the medical history in reaching its Conclusion. See McMurphy Coal Co., et al. v. Miller, 20 Va. App. 57, 455 S.E.2d 265 (1995). Here, the indication is that the commission considered that history but gave "little, if any" weight to its contradictory significance. We find no reversible error resulting from the commission's finding that the medical history did not override claimant's direct testimony.
For the reasons stated, the decision of the commission is affirmed.
Affirmed.
Disposition
Affirmed.
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