0367953•R. R. Donnelley & Sons Company v Gladys V. Cabell
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COURT OF APPEALS OF VIRGINIA Present: Chief Judge Moon, Judges Coleman and Fitzpatrick Argued by Teleconference R. R. DONNELLEY & SONS COMPANY v. Record No. 0367-95-3 MEMORANDUM OPINION* BY JUDGE SAM W. COLEMAN, III GLADYS V. CABELL MARCH 19, 1996 FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION Richard D. Lucas (Abigail L. Perkins; Woods, Rogers & Hazlegrove, on briefs), for appellant. Robert E. Evans (Evans Law Office, on brief), for appellee. R. R. Donnelley & Sons Company appeals the commission's decision finding that Gladys V. Cabell's carpal tunnel syndrome is an occupational disease and awarding her disability benefits. The Supreme Court recently decided in The Stenrich Group v. Jemmott, ___ Va. ___, ___ S.E.2d ___ (1996) (Record Nos. 950829, 951050, and 951072), that cumulative trauma conditions, specifically carpal tunnel syndrome, resulting from repetitive motion are gradually incurred injuries and are not compensable under the Virginia Workers' Compensation Act. That decision, although released after this case was argued, controls the issues raised by this appeal. Thus, because Cabell's carpal tunnel syndrome is not compensable as an occupational disease under the Act, we reverse the commission's award and dismiss the claim. *Pursuant to Code § 17-116.010 this opinion is not designated for publication.
Reversed and dismissed.
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COURT OF APPEALS OF VIRGINIA Present: Chief Judge Moon, Judges Coleman and Fitzpatrick Argued by Teleconference R. R. DONNELLEY & SONS COMPANY Vv. Record No. 0367-95-3 MEMORANDUM OPINION BY JUDGE SAM W. COLEMAN, III GLADYS V. CABELL MARCH 19, 1996 FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION Richard D. Lucas (Abigail L. Perkins; Woods, Rogers & Hazlegrove, on briefs), for appellant. Robert E. Evans (Evans Law Office, on brief), for appellee. R. R. Donnelley & Sons Company appeals the commission's decision finding that Gladys V. Cabell's carpal tunnel syndrome is an occupational disease and awarding her disability benefits. The Supreme Court recently decided in The Stenrich Group v. Jemmott, Va. , S.E.2d (1996) (Record Nos. 950829, 951050, and 951072), that cumulative trauma conditions, specifically carpal tunnel syndrome, resulting from repetitive motion are gradually incurred injuries and are not compensable under the Virginia Workers' Compensation Act. That decision, although released after this case was argued, controls the issues raised by this appeal. Thus, because Cabell's carpal tunnel syndrome is not compensable as an occupational disease under the Act, we reverse the commission's award and dismiss the claim. "Pursuant to Code § 17-116.010 this opinion is not designated for publication. Reversed and dismissed.
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