COURT OF APPEALS OF VIRGINIA
Present: Judges Bray, Annunziata and Overton
CHRISTOPHER THEVATHASAN
v. Record No. 2047-96-2 MEMORANDUM OPINION *
PER CURIAM
ADVANCE MACHINE WORKS JANUARY 7, 1997
AND
FEDERATED MUTUAL INSURANCE COMPANY
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
(Christopher Thevathasan, pro se, on brief).
(Robert M. McAdam; Wooten & Hart, on brief),
for appellees.
Christopher Thevathasan ("claimant") contends that the
Workers' Compensation Commission ("commission") erred in finding
that he failed to prove he sustained disability causally related
to his compensable September 13, 1994 injury by accident. 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. R.G. Moore Bldg. Corp. v.
Mullins, 10 Va. App. 211, 212, 390 S.E.2d 788, 788 (1990).
Unless we can say as a matter of law that claimant's evidence
sustained his burden of proof, the commission's findings are
binding and conclusive upon us. Tomko v. Michael's Plastering
*
Pursuant to Code § 17-116.010 this opinion is not
designated for publication.
Co., 210 Va. 697, 699, 173 S.E.2d 833, 835 (1970).
In denying claimant disability benefits, the commission
found as follows:
The only medical record is a September
13, 1994, report from Dr. Blake stating that
the claimant sprained his right ankle and
strained his back at work that morning while
lifting a 200 pound object.
The Deputy Commissioner found that the
claimant did sustain an injury by accident
but did not prove any related disability. We
agree. The claimant did not indicate the
actual dates that he missed, nor did he
provide any corroborating evidence that back
problems stemming from the accident caused
him to miss work. The employer testified
that the absences were for non-work-related
reasons, and the Deputy Commissioner found
this testimony credible. We will not
arbitrarily disregard a credibility
determination of the Deputy Commissioner.
No medical evidence established a causal connection between
claimant's disability and his compensable injury by accident.
Moreover, in its role as fact finder, the commission was entitled
to accept the testimony of employer's witness and to reject
claimant's testimony regarding the reasons for his absences from
work. It is well settled that the determination of a witness'
credibility is within the fact finder's exclusive purview.
Goodyear Tire & Rubber Co. v. Pierce, 5 Va. App. 374, 381, 363
S.E.2d 433, 437 (1987). Because we cannot find as a matter of
law that claimant's evidence sustained his burden of proof, the
commission's findings are binding and conclusive upon us.
Accordingly, we affirm the commission's decision.
Affirmed.
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