COURT OF APPEALS OF VIRGINIA
Present: Chief Judge Moon, Judges Coleman and Overton
Argued at Salem, Virginia
MCQUAY INTERNATIONAL, ET AL.
MEMORANDUM OPINION * BY
v. Record No. 1773-96-3 JUDGE NELSON T. OVERTON
FEBRUARY 25, 1997
RICHARD C. WAMPLER, JR.
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
Joseph C. Veith, III (Montedonico, Hamilton &
Altman, P.C., on brief), for appellants.
Terry L. Armentrout (Armentrout & Armentrout,
on brief), for appellee.
McQuay International appeals from a decision of the Workers'
Compensation Commission awarding ongoing partial disability
benefits to its employee, Richard C. Wampler. Finding credible
evidence in the record to support this decision, we affirm.
The parties are fully conversant with the record in the
cause, and because this memorandum opinion carries no
precedential value, no recitation of the facts is necessary.
Guided by well-established principles, we construe the
evidence in the light most favorable to the party prevailing
below. Crisp v. Brown's Tysons Corner Dodge, Inc., 1 Va. App.
503, 504, 339 S.E.2d 916, 916 (1986). "If there is evidence, or
reasonable inferences can be drawn from the evidence, to support
the Commission's findings, they will not be disturbed on review,
*
Pursuant to Code § 17-116.010 this opinion is not
designated for publication.
even though there is evidence in the record to support a contrary
finding." Morris v. Badger Powhatan/Figgie Int'l, Inc., 3 Va.
App. 276, 279, 348 S.E.2d 876, 877 (1986); see Code § 65.2-706.
"In determining whether credible evidence exists," this Court
will 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) (citation omitted).
The record demonstrates credible evidence to support the
commission’s finding of partial disability. The last medical
record in effect contained restrictions upon Wampler’s activity.
The lack of medical documentation after that time was not due to
an unwillingness to seek treatment or an absence of a need for
treatment, but was due solely to the employer’s denial of his
claim.
Credible evidence also supports the finding that the
claimant adequately marketed his residual capacity. Wampler's
uncontradicted testimony and documentation establish that he
searched for a number of jobs and had registered with the
Virginia Employment Commission. Dates and names are not required
to prove that the contacts took place.
Accordingly, the commission's decision is affirmed.
Affirmed.
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