Nielsen Construction Co et al v Arnold Lester Cook

COURT OF APPEALS OF VIRGINIA
Present: 	Chief Judge Moon, Senior Judges Cole and Duff
NIELSEN CONSTRUCTION COMPANY, INC.
AND
VIRGINIA CONTRACTORS GROUP
SELF-INSURANCE ASSOCIATION 	MEMORANDUM OPINION*
PER CURIAM
v. 	Record No. 0290-96-3 	JUNE 18, 1996
ARNOLD LESTER COOK
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
(Cathleen P. Welsh; Wharton, Aldhizer &
Weaver, on brief), for appellants.
(A. Thomas Lane, Jr., on brief), for
appellee.
Nielsen Construction Company, Inc. and its insurer contend
that the Workers' Compensation Commission erred in finding that
Arnold Lester Cook's bilateral carpal tunnel syndrome qualifies
as an occupational "disease" under the Workers' Compensation 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, ___ Va. ___, ___, 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.