Pub. Broadcasting Serv. v. Mary Pax-Shipley ( 1996 )

COURT OF APPEALS OF VIRGINIA
Present: Chief Judge Moon, Senior Judges Cole and Duff
PUBLIC BROADCASTING SERVICES
AND
GREAT NORTHERN INSURANCE COMPANY MEMORANDUM OPINION *
PER CURIAM
v. Record No. 0487-96-4 JULY 9, 1996
MARY E. PAX-SHIPLEY
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
(Charles P. Monroe; Jeffrey R. Dion; Mell,
Brownell & Baker, on briefs), for appellants.
(Andrew S. Kasmer; Chasen & Boscolo, on
brief), for appellee.
Public Broadcasting Services and its insurer contend that
the Workers' Compensation Commission erred in finding that Mary
E. Pax-Shipley's bilateral tendinitis and/or tenosynovitis
qualify as occupational "diseases" within the meaning of
"disease" under the Workers' Compensation Act ("the Act").
This appeal is controlled by the Supreme Court's decision in
Stenrich Group v. Jemmott, 251 Va. 186, 199, 467 S.E.2d 795, 802
(1996) (holding that "job-related 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").
Accordingly, we reverse the commission's decision.
Reversed.
*
Pursuant to Code § 17-116.010 this opinion is not
designated for publication.