Opinion
Thе appellants, Kroger Company and Transportation Insurance Company (employer), contend that the Workеrs’ Compensation Commission
James C. Morris was a tractor-trailer driver for Krоger Company. Morris testified that on September 3, 1990, he injured his shoulder while unloading milk pans from his truck to a Kroger store. Using a two-wheel hand truck, he was moving a stack of six cartons of milk, twenty-four gallons, onto a metal pan that holds four stacks. While pushing the stack from the hand truck to the pan, he experienced sudden shoulder pain. A knot developed shortly afterward. Morris testified that he was “pushing the milk from the two-wheeler up on the pan” and hurt his shoulder when he gave the stack “a shove to sling it up on there.” He reported the injury to other personnel who were working with him and to
Dr. LaBarbera noted as history that “[pjatient stated that he injured himself on-the-job.” He diagnosed radiculitis of the lеft shoulder which was causally related to the work injury. Kroger advised Morris to see a Dr. Watts. Dr. Watts noted, “[pjatient states that hе was unloading milk and strained his left shoulder.”
On referral from Dr. Watts, Morris saw Dr. Spetzler, an orthopedic surgeon, on September 11, 1990. Dr. Sрetzler reported:
He stated that on 9-3-90 he noted a mass over his left AC joint. He says that he does not remember any onе accident but he noted some soreness with pushing milk on the buggies .... He has a small goose egg over the AC joint which is cystic .... A reviеw of his X-ray reveals that he has degenerative changes of both AC joints . . . . It is my impression that he has an AC joint arthrosis on both sides and he has a cystic swelling over the left AC joint. I suspect that this is not due to any one incident or trauma but is a sequel to stress ovеr a longer period of time in an arthritic joint .... I am also concerned that he has a rotator cuff tear on the left.
On October 4, 1990, Dr. Spetzler removed the cyst and repaired the rotator cuff. On November 29, 1990, Dr. Spetzler reported:
[Hjis problem in the shoulder is of a chronic nature and he had a largé rotator cuff tear which was well retracted and scarred down which is an indication of an old injury and not a relatively new injury. He also has an AC joint arthrosis which goes along with chronic dеgenerative changes. I did tell Mr. Morris that his work related incident is really an aggravation of a chronic problem rathеr than any one incident of trauma.
A chronic silent tear can become symptomatic through an aggravation and I think thаt this is what has occurred in Mr. Morris’ case.
On aрpeal, the employer contends that the full commission made no finding regarding Morris’s credibility and arbitrarily ignored the findings of crеdibility by the deputy commissioner. We disagree.
When the full commission reviews a deputy commissioner’s findings of credibility, it must first consider the basis of those findings. If the deputy commissioner’s finding of credibility is based, in whole or in part, upon the claimant’s appearanсe and demeanor at the hearing, the commission may have difficulty reversing that finding without recalling the witness. Goodyear Tire & Rubber Co. v. Pierce,
Deputy Commissioner Costa found it hard to believe that the claimant could provide specific details of a particular event during direct examination, yet had not provided this same information to the various treating physicians. Deputy Commissioner Costa’s determination of Morris’s credibility was based on the evidence and the substance of Morris’s testimony, rather than on Morris’s appearance or demeanor. Therefore, the full commission could make its оwn credibility determination. Id. Its finding is supported by the evidence.
The employer next contends that Morris failed to carry his burden of proving a causal relatiоnship between his claimed industrial accident and his shoulder injury. This court, in reviewing a decision of the Virginia Workers’ Compensatiоn Commission, will not disturb the commission’s findings so long as credible evidence
Morris desсribed a specific incident, in and during the course of his employment, which caused his injury. He testified that he sustained the injury while at wоrk unloading milk from his truck. He described it as sudden left shoulder pain. He promptly reported it to the assistant manager of the stоre and to other personnel who were present. Dr. LaBarbera, the first doctor to see Morris, noted as history, “[pjаtient stated that he injured himself on-the-job.” Dr. Watt’s report of September 10, 1990, also substantiates Morris’s testimony: “Patient states that he was unloading milk and strained his left shoulder.” Dr. Spetzler noted in his November 29, 1990 report that “[a] chronic silent tear can becоme symptomatic through an aggravation and I think that this is what has occurred in Mr. Morris’ case, . . .” The full commission found these repоrts to be consistent with Morris’s testimony and granted him benefits.
We find no error and affirm the judgment of the Virginia Workers’ Compensation Commission.
Affirmed.
Baker, J., and Coleman, J., concurred.
Notes
Formerly the Industrial Commission of Virginia.