PER CURIAM
Upon reviewing the record and the briefs of the parties, we conclude that this appeal is without merit. Accordingly, we affirm the decision of the Workers' Compensation Commission. Rule 5A:27.
R.R. Dawson Bridge Company and its insurer contend that the commission erred in failing to grant a hearing on their January 31, 1992 application seeking to terminate Collins' benefits on the basis of Dr. Lawrence K. Morales' October 29, 1991 Physical Capabilities Evaluation in which he stated that Cook could return to his regular employment on November 29, 1991.
The commission rejected the application on June 26, 1992. The grounds for its rejection were that "[a] medical release to return to work more then seven days in advance of a medical examination is considered to be anticipatory and is insufficient to support a finding of probable cause . . . ." The full commission affirmed.
Rule 13(c) of the Workers' Compensation Commission provides that the commission may examine the preliminary evidence to determine whether an application based upon the ground of a change in condition should be placed on the hearing docket. Before docketing the application the commission makes a determination as to whether the proffered evidence meets a probable cause standard.
"In Brushy Ridge Coal Co. v. Blevins, 6 Va. App. 73, 367 S.E.2d 204 (1988), this court recognized that the Industrial Commission, having the right to make and enforce rules, should also have the opportunity to construe its own rules. Id. at 78 n. 2, 367 S.E.2d at 206 n. 2. Consequently, our review is limited to a determination whether the commission's interpretation of its own rule was reasonable." Classic Floors, Inc. v. Guy, 9 Va. App. 90, 93, 383 S.E.2d 761, 763 (1989).
Here, the commission made a factual finding that the evidence offered by the employer/insurer was anticipatory, and therefore did not meet the requirement that, as of the date the application was filed, the claimant had undergone a change in condition. Factual findings of the commission will not be disturbed on appeal, if based upon credible evidence.Hercules, Inc. v. Gunther, 13 Va. App. 357, 361, 412 S.E.2d 185, 187 (1991). Furthermore, the commission's finding is a reasonable interpretation of its own rule.
The October 29, 1991 report of Dr. Morales does not state that as of that date Collins had sustained a change in condition. Rather, Dr. Morales opines that Collins will be able to return to full duty on November 29, 1991, some 31 days later. Based upon this evidence, we cannot say that the commission erred as a matter of law in finding that the appellants failed to meet their burden of showing probable cause that a change in condition had occurred. Accordingly, we cannot say that the commission erred in failing to docket the employer/insurer's application.
For the reasons stated, we affirm the commission's decision.
Affirmed.