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 1996-07

Tultex Corporation v. Jim Henry Stanley ( 1996 )


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  •                     COURT OF APPEALS OF VIRGINIA
Present: Judges Fitzpatrick, Overton and Senior Judge Hodges
Argued at Salem, Virginia
TULTEX CORPORATION, ET AL.
MEMORANDUM OPINION * BY
v.         Record No. 2734-95-3         JUDGE NELSON T. OVERTON
JULY 2, 1996
JIM HENRY STANLEY
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
Martha White Medley (Daniel, Vaughan, Medley
& Smitherman, on brief), for appellants.
Robert A. Williams (Williams, Luck and
Williams, on brief), for appellee.
Tultex Corporation, the employer, appeals from an award of
benefits to Jim Henry Stanley for an injury by accident he
sustained during his employment.   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
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
*
Pursuant to Code § 17-116.010 this opinion is not
designated for publication.
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).
From the medical evidence and testimony presented, the
commission found that Stanley experienced a separate compensable
accident.   Having found in the record credible evidence to
support this conclusion, we affirm the award of the commission.
Affirmed.
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