Delphina Avin v. Energy Services, Inc. ( 1996 )

COURT OF APPEALS OF VIRGINIA
Present: Judges Benton, Coleman and Willis
DELPHINA AVIN
MEMORANDUM OPINION *
v. Record No. 1961-96-1 PER CURIAM
DECEMBER 17, 1996
ENERGY SERVICES, INC.
AND
TRAVELERS INSURANCE COMPANY
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
(Robert Bruce Jones, on brief), for
appellant.
(Michelle ReDavid Rack; Huff, Poole and
Mahoney, on brief), for appellees.
Delphina Avin contends that the Workers' Compensation
Commission erred in finding that she failed to prove that her
bilateral carpal tunnel syndrome qualifies as a compensable
occupational disease within the meaning of "disease" under the
Worker's Compensation Act. Upon reviewing the record and the
briefs of the parties, we conclude that this appeal is without
merit. Accordingly, we summarily affirm the commission's
decision. Rule 5A:27.
The record supports the commission's finding that "[t]he
evidence does not show that [Avin's] carpal tunnel syndrome was
caused by an injury by accident." Thus, this appeal is
controlled by the Supreme Court's decision in The Stenrich Group
v. Jemmott, 251 Va. 186, 467 S.E.2d 795 (1996). "[J]ob-related
*
Pursuant to Code § 17-116.010 this opinion is not
designated for publication.
impairments resulting from cumulative trauma caused by repetitive
motion, however labeled or however defined, are as a matter of
law, not compensable under the present provisions of the Act."
Id. at 199, 467 S.E.2d at 802.
Accordingly, we affirm the commission's decision.
Affirmed.
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