Sonja Lynn Williams v. Burger King ( 1996 )

COURT OF APPEALS OF VIRGINIA
Present: Judges Bray, Annunziata and Overton
SONJA LYNN WILLIAMS
MEMORANDUM OPINION *
v. Record No. 2113-96-2 PER CURIAM
DECEMBER 10, 1996
BURGER KING
AND
TRAVELERS INDEMNITY COMPANY
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
(Sonja L. Williams, pro se, on brief).
(William Orr Smith, on brief), for appellees.
Sonja Lynn Williams ("claimant") contends that the Workers'
Compensation Commission ("commission") erred in finding that she
failed to prove she sustained disability causally related to her
March 17, 1987 compensable industrial 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 proved
disability related to the March 17, 1987 accident, the
commission's findings are binding and conclusive upon us. Tomko
v. Michael's Plastering Co., 210 Va. 697, 699, 173 S.E.2d 833,
*
Pursuant to Code § 17-116.010 this opinion is not
designated for publication.
835 (1970).
Dr. Michael Decker's February 18, 1988 report, stating that
claimant's costochondritis was unrelated to the burns she
sustained at work, constituted the only medical evidence before
the commission. Because no medical evidence established that
claimant suffered from any disability causally related to her
compensable accident, we cannot say as a matter of law that
claimant's evidence sustained her burden of proof. Therefore, we
affirm the commission's decision.
Affirmed.
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