Samuel A. Barnes v. Guardian Auto Glass

COURT OF APPEALS OF VIRGINIA
Present: Judges Benton, Coleman and Willis
SAMUEL A. BARNES
v. Record No. 2358-94-4 MEMORANDUM OPINION *
PER CURIAM
GUARDIAN AUTO GLASS MAY 30, 1995
AND
PACIFIC EMPLOYERS INSURANCE COMPANY
FROM THE VIRGINIA WORKERS'
COMPENSATION COMMISSION
(Craig A. Brown; Ashcraft & Gerel, on brief), for
appellant.
(Douglas A. Seymour, on brief), for appellees.
Samuel A. Barnes contends that the Workers' Compensation
Commission erred in finding that he failed to establish
disability related to his compensable occupational disease,
carpal tunnel syndrome. 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.
On appeal, we view the evidence in the light most favorable
to the prevailing party below. R.G. Moore Bldg. Corp. v.
Mullins, 10 Va. App. 211, 212, 390 S.E.2d 788, 788 (1990). In
holding that Barnes failed to establish disability, the
commission found as follows:
[O]n April 11, 1991, [Barnes] was diagnosed
with carpal tunnel syndrome related to his
*
Pursuant to Code § 17-116.010 this opinion is not
designated for publication.
occupation by Dr. Frank J. Talbot. Dr.
Talbot next saw [Barnes] on April 2, 1992. A
subsequent EMG test determined work related
carpal tunnel syndrome in both hands. In an
Attending Physicians Report of April 21,
1992, the doctor noted that there was
disability from work but indicated no
beginning or ending date. In an October 15,
1992, report Dr. Khosrow Matini confirmed the
earlier diagnosis and recommended that
[Barnes] was an ideal candidate for surgical
release. . . . The only evidence of
disability is the Attending Physicians Report
checking that there was disability from work.
Neither this report nor any of the other
medicals indicate a specific date of
disability or period of disability.
(Emphasis added.)
Nowhere in the record is any opinion indicating a specific
period of disability related to Barnes' carpal tunnel syndrome.
Thus, the commission did not err in awarding Barnes' medical
benefits for carpal tunnel syndrome and denying Barnes' request
for an award of disability benefits.
For the reasons stated, we affirm the commission's decision.
Affirmed.
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