National Fruit Product Co. v. Staton ( 2000 )

Present: Carrico, C.J., Compton, * Lacy, Hassell, Keenan, Koontz,
and Kinser, JJ.
NATIONAL FRUIT PRODUCT
COMPANY, INC., ET AL.
PER CURIAM
v. Record No. 990428 March 3, 2000
BRENDA STATON
FROM THE COURT OF APPEALS OF VIRGINIA
We awarded this appeal to review a judgment of the Court of
Appeals in National Fruit Product Co. v. Staton, 28 Va. App.
650, 507 S.E.2d 667 (1998), a workers' compensation case
involving carpal tunnel syndrome.
The appeal was limited to the consideration of one
assignment of error. The issue considered is whether the Court
of Appeals erred in determining that "high probability" is
equivalent to "clear and convincing evidence (not a mere
probability)" within the context of Code § 65.2-401. That
statute sets forth the elements required to prove a compensable
ordinary disease of life.
For the reasons set forth in the opinion of the Court of
Appeals, we will affirm the court's judgment.
Affirmed.
*
Justice Compton participated in the hearing and decision of this
case prior to the effective date of his retirement on
February 2, 2000.