MCV Hospital/Commonwealth v. Violet Ford-Hill

COURT OF APPEALS OF VIRGINIA Present: Chief Judge Moon, Senior Judges Cole and Duff MCV HOSPITAL/COMMONWEALTH OF VIRGINIA v. Record No. 2118-95-2 MEMORANDUM OPINION * PER CURIAM VIOLET FORD-HILL MARCH 19, 1996 FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION (James S. Gilmore, III, Attorney General; Catherine C. Hammond, Deputy Assistant Attorney General; Gregory E. Lucyk, Senior Assistant Attorney General; Raymond L. Doggett, Jr., Assistant Attorney General, on briefs), for appellant. (Geoffrey R. McDonald; Laura L. Geller; McDonald & Snesil, on brief), for appellee. MCV Hospital/Commonwealth of Virginia ("employer") contends that the Workers' Compensation Commission erred in finding that (1) Violet Ford-Hill's bilateral carpal tunnel syndrome qualifies as a compensable occupational disease within the meaning of "disease" under the Workers' Compensation Act ("the Act"); (2) Ford-Hill's carpal tunnel syndrome was caused by her employment; and (3) Dr. Robert S. Adelaar was an authorized treating physician. 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 * Pursuant to Code § 17-116.010 this opinion is not designated for publication. 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"). Because Stenrich is dispositive of this appeal, we need not address the remaining questions presented by employer. Accordingly, we reverse the commission's decision. Reversed. 2