Public Broad. v. Pax-Shipley

Full title: PUBLIC BROADCASTING SERVICES AND GREAT NORTHERN INSURANCE COMPANY v. MARY…

Court: Court of Appeals of Virginia

Date published: Jul 9, 1996

Record No. 0487-96-4 (Va. Ct. App. Jul. 9, 1996)

Opinion

Record No. 0487-96-4

July 9, 1996

Appeal from the Virginia Workers' Compensation Commission.

(Charles P. Monroe; Jeffrey R. Dion; Mell, Brownell Baker, on briefs), for appellants.

(Andrew S. Kasmer; Chasen Boscolo, on 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

Public Broadcasting Services and its insurer contend that the Workers' Compensation Commission erred in finding that Mary E. Pax-Shipley's bilateral tendinitis and/or tenosynovitis qualify as occupational "diseases" within the meaning of "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.