COURT OF APPEALS OF VIRGINIA
Present: Judges Bray, Annunziata and Overton
SUPER 8 MOTEL AND
CONTINENTAL CASUALTY COMPANY
MEMORANDUM OPINION *
v. Record No. 0477-97-3 PER CURIAM
JULY 29, 1997
CYNTHIA ROSALIE BREEDEN
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
(Roya Palmer; Law Offices of Richard A. Hobson, on
brief), for appellants.
(Terry L. Armentrout; Armentrout & Armentrout, on
brief), for appellee.
Super 8 Motel and its insurer (hereinafter collectively
referred to as "employer") contend that the Workers' Compensation
Commission (commission) erred in reversing the deputy
commissioner's credibility determination and finding that
Cynthia R. Breeden (claimant) proved she sustained an injury by
accident arising out of and in the course of her employment on
December 14, 1995. Upon reviewing the record and the briefs of
the parties, we conclude that this appeal is without merit.
Accordingly, we summarily affirm the commission's decision. Rule
5A:27.
On appeal, we view the evidence in the light most favorable
to the prevailing party below. See R.G. Moore Bldg. Corp. v.
Mullins, 10 Va. App. 211, 212, 390 S.E.2d 788, 788 (1990). "In
*
Pursuant to Code § 17-116.010 this opinion is not
designated for publication.
order to carry [the] burden of proving an 'injury by accident,' a
claimant must prove that the cause of [the] 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).
Claimant testified that she slipped on ice and fell on her
back at approximately 3:30 a.m. on December 14, 1995 while at
work. Her testimony was corroborated by the medical histories
and her immediate notification of the accident to her supervisor.
Thus, credible evidence supports the commission's finding that
claimant sustained an injury by accident arising out of and in
the course of her employment on December 14, 1995. That finding
is conclusive on this appeal. See James v. Capitol Steel Constr.
Co., 8 Va. App. 512, 515, 382 S.E.2d 487, 488 (1989).
Employer argues that the commission erred in reversing the
deputy commissioner's credibility determination. We disagree.
If, as in this case, "the deputy commissioner's determination of
credibility is based upon the substance of the testimony rather
than upon the witness's demeanor, such a finding is as
determinable by the full commission as by the deputy." Kroger
Co. v. Morris, 14 Va. App. 233, 236, 415 S.E.2d 879, 880 (1992).
The deputy commissioner's credibility determination was based on
the evidence and the substance of the witnesses' testimony.
Therefore, the full commission could make its own credibility
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determination. See id. In its role as fact finder, the
commission was entitled to accept claimant's testimony, which was
not inherently incredible.
For these reasons, we affirm the commission's decision.
Affirmed.
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