Cathy Lovell v. Bassett-Walker, Inc.

COURT OF APPEALS OF VIRGINIA Present: Chief Judge Moon, Senior Judges Cole and Duff CATHY LOVELL v. Record No. 1754-95-3 MEMORANDUM OPINION * PER CURIAM BASSETT-WALKER, INC. MARCH 12, 1996 FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION (Barbara Hudson, on brief), for appellant. (Richard D. Lucas; Woods, Rogers & Hazlegrove, on brief), for appellee. Cathy Lovell appeals a decision of the Workers' Compensation Commission denying her application seeking compensation for an occupational disease. The commission held that Lovell failed to prove that her bilateral carpal tunnel syndrome was a disease within the meaning of "disease" under the Workers' Compensation Act ("the Act"). Upon reviewing the record and the briefs of the parties, we conclude that this appeal is without merit. Accordingly, we summarily affirm the commission's decision. Rule 5A:27. This appeal is controlled by the Supreme Court's decision in The 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 affirm the commission's decision. Affirmed. * Pursuant to Code § 17-116.010 this opinion is not designated for publication.