TAD Technical Services Corp. v. Fletcher

Full title: TAD TECHNICAL SERVICES CORPORATION and Liberty Mutual Fire Insurance…

Court: Court of Appeals of Virginia

Date published: Dec 17, 1993

438 S.E.2d 768 (Va. Ct. App. 1993)

Opinion

438 S.E.2d 768 (Va.App. 1993) TAD TECHNICAL SERVICES CORPORATION and Liberty Mutual Fire Insurance Company, Appellants, v. Nancy Marie FLETCHER, Appellee. No. 0720-92-4. No. 150-41-13. Court of Appeals of Virginia. December 17, 1993.

        From the Virginia Workers' Compensation Commission.

        Upon an appeal from a judgment rendered by the Court of Appeals of Virginia, 15 Va.App. 745, 427 S.E.2d 227.         An order was received from the Supreme Court of Virginia on November 24, 1993 and is recorded as follows:

TAD Technical Services Corporation, et al., Appellants,

against

Nancy Marie Fletcher, Appellee.

Record No. 930438

Court of Appeals No. 0720-92-4

        Upon consideration of the record, briefs, and argument of counsel, the Court is of opinion that, for reasons stated in Merillat Industries, Inc. v., et al  Carter McKinnon Parks, 246 Va. 429, 436 S.E.2d 600 (1993) (this day decided), the Court of Appeals erred in holding that a torn rotator cuff muscle is compensable as an occupational disease under § 65.1-46 of the Virginia Workers' Compensation Act. Accordingly, the judgment is reversed and final judgment is entered in favor of TAD Technical Services Corporation dismissing the claim.

        Justice KEENAN did not participate in the decision of this case.

        This order shall be certified to the Court of Appeals of Virginia and to the Virginia Workers' Compensation Commission.