Crisp v. Brown's Tysons Corner Dodge, Inc., 0241-85
| Citation | 1 Va.App. 503,339 S.E.2d 916 |
| Decision Date | 18 February 1986 |
| Docket Number | No. 0241-85,0241-85 |
| Parties | Jennifer Marie CRISP v. BROWN'S TYSONS CORNER DODGE, INC. Record |
| Court | Court of Appeals of Virginia |
Page 916
v.
BROWN'S TYSONS CORNER DODGE, INC.
Decided Feb. 18, 1986.
[1 Va.App. 504] Peter M. Sweeney (James E. Swiger, Ashcraft & Gerel, Alexandria, on brief), for appellant.
Susan A. Evans (Siciliano, Ellis, Sheridan, Dyer & Boccarosse, Fairfax, on brief), for appellee.
Present: DUFF, MOON and COLE, JJ.
MOON, Judge.
Jennifer Marie Crisp, appellant, seeks reversal of a decision of the Industrial Commission which denied her compensation. She asks that we rule as a matter of law that her disability between May 3, 1984, through June 4, 1984, was causally related to injuries suffered by an industrial accident on April 11, 1984. We decline to do so and affirm the Commission's decision because the evidence does not prove that her disability resulted from her injury on April 11, 1984.
The Industrial Commission's findings of fact must be sustained on appeal when supported by credible evidence. Lewis v. Lynchburg Foundry Co., 204 Va. 303, 305, 130 S.E.2d 429, 431 (1963); Code § 65.1-98. As the Supreme Court of Virginia stated in Caskey v. Dan River Mills, Inc., 225 Va. 405, 302 S.E.2d 507 (1983):
We do not retry the facts before the Commission nor do we review the weight, preponderance of the evidence, or the credibility of witnesses. If there is evidence or reasonable inference that can be drawn from the evidence to support the Commission's findings, they will not be disturbed by this Court on appeal, even though there is evidence in the record to support contrary findings of fact.
Id. at 411, 302 S.E.2d at 510-11. (citations omitted). We are, therefore, required to construe the evidence in the light most favorable to the prevailing party, the employer, Brown's Tysons Corner Dodge. See United Virginia Bank v. E.L.B. Tank Construction[1 Va.App. 505] Co., 226 Va. 551, 553, 311 S.E.2d 773, 774 (1984).
On April 11, 1984, Jennifer Marie Crisp experienced back pain while lifting a box of machine parts. She did not report the incident to her employer at that time and continued to work until April 17, 1984, when she sought medical treatment from Dr. Stanford Lavine, an orthopedic surgeon. She told Dr. Lavine that she had low back pain "for the past two weeks." (emphasis
Page 917
added). Her description of the onset of pain two weeks earlier would place the origin of the pain eight days prior to the alleged injury date. She also...To continue reading
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...award. Viewed in the light most favorable to Hill, who prevailed before the commission, see Crisp v. Brown's Tysons Corner Dodge, Inc., 1 Va.App. 503, 504, 339 S.E.2d 916, 916 (1986), the evidence at the evidentiary hearing proved that Hill was director of photography for Marketing Profiles......
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...to examine the facts in the light most favorable to the claimant, who prevailed below. Crisp v. Brown's Tysons Corner Dodge, Inc., 1 Va.App. 503, 504, 339 S.E.2d 916, 916 (1986). Nevertheless, the facts, as they are, seem to require further examination by the fact-finder to evaluate the new......
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Corporate Resource Mgmt., Inc. v. Southers, Record No. 2694-06-2.
...the commission, I recite that evidence in the light most favorable to claimant. See, e.g., Crisp v. Brown's Tysons Corner Dodge, Inc., 1 Va.App. 503, 504, 339 S.E.2d 916, 916 (1986). 50 Va. App. 31 Claimant sustained an injury by accident on May 23, 2003, when she was vacuuming and fell bac......
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Montalbano v. Richmond Ford, LLC
...who prevailed before the commission." Gunst, 29 Va.App. at 707, 514 S.E.2d at 386 (citing Crisp v. Brown's Tysons Corner Dodge, Inc., 1 Va.App. 503, 504, 339 S.E.2d 916, 916 (1986)). The claimant has the burden of proving maximum medical improvement. See Mercy Tidewater Ambulance Service v.......