Franklin City PW, et al v Haywood Riddick

COURT OF APPEALS OF VIRGINIA
Present: 	Chief Judge Moon, Senior Judges Cole and Duff
FRANKLIN CITY PUBLIC WORKS
AND
VIRGINIA MUNICIPAL GROUP
SELF-INSURANCE ASSOCIATION 	MEMORANDUM OPINION*
PER CURIAM
v. 	Record No. 0397-96-3 	JUNE 25, 1996
HAYWOOD RIDDICK
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
(Robert A. Rapaport; Lynne M. Ferris; Knight,
Dudley, Clarke & Dolph, on brief), for
appellants.
No brief for appellee.
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").
*Pursuant to Code § 17-116.010 this opinion is not
designated for publication.
This appeal is controlled by the Supreme Court's decision in
Stenrich 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.