Radisson Hotel Hampton and Erie Insurance Exchange v. Darlene Tisdale

COURT OF APPEALS OF VIRGINIA
Present: 	Judges Humphreys, Beales and Senior Judge Fitzpatrick
RADISSON HOTEL HAMPTON AND
ERIE INSURANCE EXCHANGE
MEMORANDUM OPINION*
v. 	Record No. 2597-06-1 	PER CURIAM
FEBRUARY 27, 2007
DARLENE TISDALE
FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION
(Robert A. Rapaport; Jennifer T. Atkinson; Clarke, Dolph, Rapaport,
Hardy & Hull, P.L.C., on brief), for appellants.
(Byron A. Adams, on brief), for appellee.
Radisson Hotel Hampton and its insurer (hereinafter referred to as “employer”) appeal a
decision of the Workers’ Compensation Commission finding that Darlene Tisdale sustained her
burden of proving her right carpal tunnel syndrome constituted a compensable ordinary disease
of life. In addition to challenging the commission’s finding that claimant sustained her burden of
proof, employer asserts that the commission misapplied Code § 65.2-401 by not requiring
claimant to prove that her ordinary disease of life did not have causes other than her
employment. We have reviewed the record and the commission’s opinion and find that this
appeal is without merit. Accordingly, we affirm for the reasons stated by the commission in its
final opinion. See Tisdale v. Radisson Hotel Hampton, VWC File No. 224-87-58 (Sept. 25,
2006). We dispense with oral argument and summarily affirm because the facts and legal
* Pursuant to Code § 17.1-413, this opinion is not designated for publication.

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contentions are adequately presented in the materials before the Court and argument would not
aid the decisional process. See Code § 17.1-403; Rule 5A:27.
Affirmed.