J.F. Cattell, etc v. Lois A. Powell

COURT OF APPEALS OF VIRGINIA
Present: Chief Judge Moon, Senior Judges Cole and Duff
J. F. CATTELL ASSOCIATES, INC.
AND
PENNSYLVANIA NATIONAL MUTUAL
CASUALTY INSURANCE CO. MEMORANDUM OPINION *
PER CURIAM
v. Record No. 1667-95-1 DECEMBER 29, 1995
LOIS A. POWELL
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
(William C. Walker; Donna White Kearney; Bradford C.
Jacob; Taylor & Walker, on brief), for appellants.
(Lawrence J. Pascal; Ashcraft & Gerel, on brief), for
appellee.
J. F. Cattell Associates, Inc. and its insurer (hereinafter
collectively referred to as "employer") contend that the Workers'
Compensation Commission erred in finding that Lois A. Powell's
bilateral carpal tunnel syndrome qualifies as a "disease" under
the Workers' Compensation Act ("the Act"). 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.
The facts are not in dispute. Powell began working for
employer in 1985 as a production typist. She spent ninety
percent of her seven and one-half hour workday typing. Powell
types 103 to 106 words per minute. During the last three to five
*
Pursuant to Code § 17-116.010 this opinion is not
designated for publication.
years of her employment, she experienced stabbing or shooting
pains and periodic numbness in her hands. Because her symptoms
became worse during the last year of her employment, Powell
sought medical treatment from Dr. Dennis Faludi, an orthopedic
surgeon, on July 14, 1994.
Based upon his examination of Powell and electrodiagnostic
studies, Dr. Faludi diagnosed Powell as suffering from bilateral
carpal tunnel syndrome. Because conservative treatment proved
unsuccessful, Powell eventually underwent carpal tunnel release
surgery.
We recently held in Perdue Farms, Inc. v. McCutchan, 21 Va.
App. 65, 68, 461 S.E.2d 431, 435 (1995), that the general medical
definition of carpal tunnel syndrome places it within the
definition of disease set forth in Piedmont Mfg. Co. v. East, 17
Va. App. 499, 503, 438 S.E.2d 769, 772 (1993). As in Perdue,
Powell's condition did not present as an obvious, sudden,
mechanical or structural change in her body. Based upon our
holding in Perdue and upon Dr. Faludi's diagnosis, we conclude
that credible evidence supports the commission's finding that
Powell's carpal tunnel syndrome is a condition characterized as a
"disease" within the meaning of the Act.
The commission also ruled that Powell proved that her carpal
tunnel syndrome was caused by the repetitive trauma of her
production typing duties. Employer did not appeal this finding.
Therefore, it is binding and conclusive upon us.
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For these reasons, we affirm the commission's decision.
Affirmed.
3