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Abbott v. Ritchie Roofing9/28/2005
affirmed and adopted the ALJ's decision. This appeal followed.
In determining the sufficiency of the evidence to support the findings of the Commission, we view the evidence and all reasonable inferences deducible therefrom in the light most favorable to the Commission's findings, and we will affirm if those findings are supported by substantial evidence. Winslow v. D & B Mech. Contr., 69 Ark. App. 285, 13 S.W.3d 180 (2000). Substantial evidence is such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. Id. The question is not whether the evidence would have supported findings contrary to the ones made by the Commission; there may be substantial evidence to support the Commission's decision even though we might have reached a different conclusion if we sat as the trier of fact or heard the case do novo. Id. The determination of the credibility and weight to be given a witness's testimony is within the province of the Commission. Id.
In this case, both Steve Cronin and Anthony Kuntz testified that appellant told them he injured his back while moving a swimming pool. Steve Keaster testified that appellant never told him how he was injured, but that he appeared to be injured before work began on July 23, 2003. Although this testimony was inconsistent with appellant's account of what happened, we defer to the Commission on issues of credibility and weight given to testimony. Moreover, emergency room records from July 24, 2003, the day after appellant testified that he was injured at work, indicated that Abbott had a one-week history of back pain and that he denied any specific injury . Given this evidence, we hold that substantial evidence supports the Commission's findings that appellant failed to prove by a preponderance of the evidence that he had sustained an injury arising out of and in the course of his employment and that he failed to prove the elements necessary to establish a compensable injury.
Affirmed.
Bird and Roaf, JJ., agree.
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