Franklin City Public v. Riddick

Full title: FRANKLIN CITY PUBLIC WORKS AND VIRGINIA MUNICIPAL GROUP SELF-INSURANCE…

Court: Court of Appeals of Virginia

Date published: Jun 25, 1996

Record No. 0397-96-3 (Va. Ct. App. Jun. 25, 1996)

Opinion

Record No. 0397-96-3

June 25, 1996

Appeal from the Virginia Workers' Compensation Commission.

(Robert A. Rapaport; Lynne M. Ferris; Knight, Dudley, Clarke Dolph, on brief), for appellants.

No brief for appellee.

Present: Chief Judge Moon, Senior Judges Cole and Duff

MEMORANDUM OPINION^_

_ Pursuant to Code § 17-116.010 this opinion is not designated for publication.

PER CURIAM

Franklin City Public Works and its insurer contend that the Workers' Compensation Commission erred in finding that Haywood Riddick's hearing loss qualifies as an occupational "disease" under the Workers' Compensation Act ("the Act").

This appeal is controlled by the Supreme Court's decision inStenrich 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.