Safeway Stores, Inc. v. Eileen Brown ( 1996 )

COURT OF APPEALS OF VIRGINIA
Present: Chief Judge Moon, Senior Judges Cole and Duff
SAFEWAY STORES, INC.
MEMORANDUM OPINION *
v. Record No. 0635-96-4 PER CURIAM
AUGUST 20, 1996
EILEEN BROWN
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
(Kevin J. O'Connell; O'Connell & O'Connell,
on brief), for appellant. Appellant
submitting on brief.
No brief or argument for appellee.
Safeway Stores, Inc. contends that the Workers' Compensation
Commission erred in finding that Eileen Brown's digital neuroma
qualifies as an occupational disease 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.