Washington Metro., etc. v. Stephen E. Richeson

COURT OF APPEALS OF VIRGINIA
Present: Judges Elder, Annunziata and Senior Judge Duff
Argued at Alexandria, Virginia
WASHINGTON METROPOLITAN AREA
TRANSIT AUTHORITY
MEMORANDUM OPINION * BY
v. Record No. 0633-95-4 JUDGE LARRY G. ELDER
OCTOBER 31, 1995
STEPHEN E. RICHESON
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
Frank R. Kearney (Robert C. Baker, Jr.; Mell,
Brownell & Baker, on brief), for appellant.
William A. Musto (Koonz, McKenney, Johnson &
DePaolis, on brief), for appellee.
Washington Metropolitan Area Transit Authority (employer)
appeals the commission's award of benefits to Steven Richeson
(claimant) for disability due to carpal tunnel syndrome. The
sole issue on appeal is whether sufficient evidence established
claimant suffered from a disease. We hold the commission did not
err in determining that claimant suffered from the disease of
carpal tunnel syndrome and that an award of benefits was
appropriate.
Employer employed claimant as a "mechanical helper rail,
p.i. (periodic inspector)." Claimant began to experience
numbness in his hands before November 1991. In early 1993
claimant noticed a numbness in his right hand, especially after
periods of prolonged gripping while working.
*
Pursuant to Code § 17-116.010 this opinion is not
designated for publication.
On February 4, 1993, claimant came under the care of Dr.
Jimmy A. Chow, a hand surgeon. Dr. Chow diagnosed bilateral
carpal tunnel syndrome, which he characterized as a median nerve
compression neuropathy at the wrist caused by repetitive motion
injury from work. On April 28, 1993, Dr. Chow performed
neurolysis of the median nerve at the right carpal tunnel and
neurolysis of the ulnar nerve at the right wrist. Dr. Chow
released claimant to light duty work status on September 14,
1993. In response to questions from claimant's counsel on April
15, 1994, Dr. Chow indicated claimant developed bilateral carpal
tunnel syndrome, an occupational disease, due to the repetitive
and sustained nature of his work.
At employer's request, Dr. Thomas R. Shepler, also a hand
surgeon, evaluated claimant on February 7, 1994. While Dr.
Shepler agreed claimant developed carpal tunnel syndrome, he did
not believe work related activity caused the condition. Dr.
Shepler opined that claimant's work activities merely aggravated
the underlying condition and caused it to become symptomatic.
On October 14, 1994, the deputy commissioner found the
evidence sufficiently established an occupational disease
(bilateral carpal tunnel syndrome), which resulted in claimant's
disability. On March 3, 1995, the full commission affirmed this
finding and awarded benefits. The commission found claimant's
carpal tunnel syndrome met the test set forth in Merillat
Industries, Inc. v. Parks, 246 Va. 429, 436 S.E.2d 600 (1993).
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"Upon appellate review, the findings of fact made by the
Workers' Compensation Commission will be upheld when supported by
credible evidence." Commonwealth/Dept. of State Police v. Haga,
18 Va. App. 162, 166, 442 S.E.2d 424, 426 (1994). This Court
construes the evidence in the light most favorable to the
prevailing party below, claimant in this instance. Crisp v.
Brown's Tysons Corner Dodge, Inc., 1 Va. App. 503, 504, 339
S.E.2d 916, 916 (1986). We hold sufficient credible evidence
supports the commission's finding that claimant's condition was
compensable as an occupational disease.
The commission recognized, "Dr. Chow, in his various
reports, clearly set forth his opinion that this condition was a
disease which was caused by [claimant's] work." 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." Perdue Farms, Inc. v.
McCutchan, 21 Va. App. 65, 69, 461 S.E.2d 431, 433 (1995)(quoting
Dorland's Illustrated Medical Dictionary 1289 (26th ed. 1985)).
This definition matches Dr. Chow's description of claimant's
condition and places claimant's carpal tunnel syndrome "within
the definition of disease set forth in Piedmont[Mfg. Co. v. East,
17 Va. App. 499, 438 S.E.2d 769 (1993)] and approved and applied
by the commission in Perdue Farms, Inc. v. McCutchan."
McCutchan, 21 Va. App. at 68-69, 461 S.E.2d at 433; see Knott v.
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Blue Bell, Inc., 7 Va. App. 335, 373 S.E.2d 481 (1988)(holding
carpal tunnel syndrome was an occupational disease). Even if Dr.
Chow had not specifically stated claimant's condition was a
"disease," McCutchan states the commission may nonetheless "make
its determination on the basis of established medical
classification and terminology." McCutchan, 21 Va. App. at 73,
461 S.E.2d at 435 (affirming commission's award of benefits for
claimant's carpal tunnel syndrome where claimant's condition "did
not present an obvious, sudden mechanical or structural change in
her body").
Accordingly, we affirm the commission's decision.
Affirmed.
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