Safeway Stores, Inc. v. Brown

Full title: SAFEWAY STORES, INC. v. EILEEN BROWN

Court: Court of Appeals of Virginia

Date published: Aug 20, 1996

Record No. 0635-96-4 (Va. Ct. App. Aug. 20, 1996)

Opinion

Record No. 0635-96-4

August 20, 1996

Appeal from the Virginia Workers' Compensation Commission.

(Kevin J. O'Connell; O'Connell O'Connell, on brief), for appellant. Appellant submitting on brief.

No brief or argument 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

Safeway Stores, Inc. contends that the Workers' Compensation Commission erred in finding that Eileen Brown's digital neuroma qualifies as an occupational disease 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.