Boar's Head, etc. v. Judy Inez Woodley ( 1995 )

COURT OF APPEALS OF VIRGINIA
Present: Chief Judge Moon, Judge Willis and Senior Judge Hodges
BOAR'S HEAD PROVISIONS COMPANY
and
SENTRY INSURANCE A MUTUAL COMPANY
v. Record No. 0207-95-4 MEMORANDUM OPINION * BY
JUDGE JERE M. H. WILLIS, JR.
JUDY INEZ WOODLEY SEPTEMBER 19, 1995
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
(Warren H. Britt; Curtis G. Manchester;
Vernon C. Howerton, Jr.; Parvin, Wilson,
Barnett & Guynn, P.C., on briefs), for
appellants.
(Wesley G. Marshall; Peter M. Sweeny &
Associates, P.C., on brief), for appellee.
On appeal from an award of compensation to Judy Inez
Woodley, Boar's Head Provisions Company and Sentry Insurance A
Mutual Company (Boar's Head) contend the Workers' Compensation
Commission erred (1) in holding that Ms. Woodley's carpal tunnel
syndrome (CTS) is a disease and (2) in holding that Ms. Woodley
suffered a compensable occupational disease as defined by Code
§ 65.2-400. We find this appeal to be without merit and
summarily affirm the decision of the commission. Rule 5A:27.
Upon appellate review, the commission's findings of fact
will be upheld if they are supported by credible evidence. James
v. Capitol Steel Construction Co., 8 Va. App. 512, 515, 382
S.E.2d 487, 488 (1989). "A question raised by conflicting
*
Pursuant to Code § 17-116.010 this opinion is not
designated for publication.
medical opinion is a question of fact." City of Norfolk v.
Lillard, 15 Va. App. 424, 429, 424 S.E.2d 243, 246 (1992). We
view the evidence in the light most favorable to the party
prevailing below, and "the fact that contrary evidence may be
found in the record is of no consequence if credible evidence
supports the commission's finding." Bean v. Hungerford
Mechanical Corp., 16 Va. App. 183, 186, 428 S.E.2d 762, 764
(1993).
While employed by Boar's Head, Ms. Woodley contracted carpal
tunnel syndrome, which was diagnosed by her doctors as a disease
more likely than not caused by the conditions of her employment.
The doctors denied awareness of any non-employment related
activity which substantially exposed Ms. Woodley to the risk of
carpal tunnel syndrome.
The Supreme Court in Merillat Industries, Inc. v. Parks, 246
Va. 429, 436 S.E.2d 600 (1993), held that the Workers'
Compensation Act "requires that the condition for which
compensation is sought as an occupational disease must first
qualify as a disease." Id. at 432, 436 S.E.2d at 601. A disease
is defined as:
any deviation from or interruption of the normal
structure or function of any part, organ, or
system (or combination thereof) of the body that
is manifested by a characteristic set of symptoms
and signs whose etiology, pathology, and prognosis
may be known or unknown.
Piedmont Mfg. Co. v. East, 17 Va. App. 499, 503, 438 S.E.2d 769,
772 (1993) (quoting Sloane-Dorland Ann. Medical-Legal Dictionary
- 2 -
209 (1987)).
Carpal Tunnel Syndrome is defined as:
a complex of symptoms resulting from compression
of the median nerve in the carpal tunnel, with
pain and burning or tingling paresthesias in the
fingers and hand, sometimes extending to the
elbow.
Dorland's Illustrated Medical Dictionary 1289 (26th ed. 1985).
Boar's Head argues that although CTS may be classified as a
disease under the definition of Piedmont, Merillat expressly
rejects compensability for an injury or disease that results from
repetitive motion or cumulative trauma. We disagree. Merillat
distinguishes trauma from disease and denies compensation for an
injury resulting from cumulative trauma. An injury is "an
obvious sudden mechanical or structural change in the body."
Chesterfield Co. v. Dunn, 9 Va. App. 475, 476, 389 S.E.2d 180,
181 (1990). See Perdue Farms v. McCutchan, ___ Va. App. ___, ___
S.E.2d ___ (1995).
Ms. Woodley's doctors termed her CTS a disease and the
record supports that diagnosis. No evidence described her
condition as an "obvious sudden mechanical or structural change"
in her body. Therefore, credible evidence supports the
commission's finding "that the claimant suffered a compensable
occupational disease [right carpal tunnel syndrome] arising out
of and in the course of her employment . . . ."
We affirm the decision of the commission.
Affirmed.
- 3 -