Merillat Indust. etc. et al. v Mary Lee Presgraves

COURT OF APPEALS OF VIRGINIA
Present: 	Chief Judge Moon, Senior Judges Cole and Duff
MERILLAT INDUSTRIES, INC./MASCO CORPORATION
AND
MICHIGAN MUTUAL INSURANCE COMPANY MEMORANDUM OPINION*
v. 	Record No. 2369-95-4 	PER CURIAM
MARCH 19, 1996
MARY LEE PRESGRAVES
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.
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").
*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. ___, ___, ___ 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.