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Merillat Indus. v. Presgraves

Court of Appeals of Virginia
Mar 19, 1996
Record No. 2369-95-4 (Va. Ct. App. Mar. 19, 1996)

Opinion

Record No. 2369-95-4

March 19, 1996

Appeal from the Virginia Workers' Compensation Commission.

(Thomas G. Bell, Jr.; Timberlake, Smith, Thomas Moses, on brief), for appellants.

(George Warren Shanks, 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.


Merillat Industries, Inc. and its insurer contend that the Workers' Compensation Commission erred in finding that Mary Lee Presgraves' bilateral carpal tunnel syndrome qualifies as a compensable 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, ___ Va. ___, ___, ___ S.E.2d ___, ___ (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.


Summaries of

Merillat Indus. v. Presgraves

Court of Appeals of Virginia
Mar 19, 1996
Record No. 2369-95-4 (Va. Ct. App. Mar. 19, 1996)
Case details for

Merillat Indus. v. Presgraves

Case Details

Full title:MERILLAT INDUSTRIES, INC./MASCO CORPORATION AND MICHIGAN MUTUAL INSURANCE…

Court:Court of Appeals of Virginia

Date published: Mar 19, 1996

Citations

Record No. 2369-95-4 (Va. Ct. App. Mar. 19, 1996)