Safeway Stores, Inc. v. Jensie Joanna Pope ( 1996 )

COURT OF APPEALS OF VIRGINIA
Present: Judges Bray, Annunziata and Overton
SAFEWAY STORES, INC.
MEMORANDUM OPINION *
v. Record No. 0757-96-4 PER CURIAM
JULY 23, 1996
JENSIE JOANNA POPE
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
(Kevin J. O'Connell; O'Connell & O'Connell,
on brief), for appellant. Appellant
submitting on brief.
(James F. Green; Ashcraft & Gerel, on brief),
for appellee. Appellee submitting on brief.
Safeway Stores, Inc. contends that the Workers' Compensation
Commission erred in finding that Jensie Joanna Pope's carpal
tunnel syndrome qualifies as a compensable ordinary disease of
life 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.