Courtaluds, etc. v. Joseph D. Ricchetti ( 1996 )

COURT OF APPEALS OF VIRGINIA
Present: Judges Willis, Fitzpatrick and Overton
Argued at Salem, Virginia
COURTAULDS PERFORMANCE FILMS, ET AL.
v. Record No. 1961-95-3 MEMORANDUM OPINION * BY
JUDGE NELSON T. OVERTON
JOSEPH D. RICCHETTI APRIL 30, 1996
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
Joseph C. Veith, III (Montedonico, Hamilton &
Altman, on brief), for appellants.
Stephen G. Bass (Carter, Craig, Bass, Blair &
Kushner, P.C., on brief), for appellee.
Joseph Ricchetti suffered an injury by accident in April
1994 while employed with Courtaulds Performance Films (employer).
The Workers' Compensation Commission awarded him benefits based
on this injury. Employer challenges the decision of the
commission as to the sufficiency of the evidence supporting the
award and the admission of the Employer's First Report of
Accident before the commission. We find that credible evidence
supports the findings of the commission and affirm the
commission.
The parties are fully conversant with the record to this
case, and a recitation of the facts is unnecessary to this
memorandum opinion.
Guided by well established principles, we construe the
*
Pursuant to Code § 17-116.010 this opinion is not
designated for publication.
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,
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). "[A]
determination of causation is a factual finding." Ingersoll-Rand
Co. v. Musick, 7 Va. App. 684, 688, 376 S.E.2d 814, 817 (1989).
In this case, the testimony and medical records provided
credible evidence to support the commission's finding that
Ricchetti had sustained a compensable injury by accident on April
23, 1994. Ricchetti's own testimony as to the events of that day
was uncontradicted. The medical reports of two doctors link his
disability to the accident occurring that day.
Employer assigns error to the consideration by the full
commission of the Employer's First Report of Accident, a
mandatory preliminary accident report. Because we find that the
evidence without this report is sufficient to support the
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commission's award of benefits, we need not decide whether the
consideration of this document constitutes error.
The award of the commission is affirmed.
Affirmed.
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