COURT OF APPEALS OF VIRGINIA
Present: Chief Judge Moon, Senior Judges Cole and Duff
PERDUE FARMS, INC.
v. Record No. 1330-95-3 MEMORANDUM OPINION *
PER CURIAM
SUSAN B. MCDANIEL NOVEMBER 21, 1995
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
(Thomas G. Bell; Timberlake, Smith, Thomas
& Moses, on brief), for appellant.
(Thomas W. Dixon, Jr.; Nelson, McPherson,
Summers & Santos, on brief), for appellee.
Perdue Farms, Inc. contends that the Workers' Compensation
Commission erred in finding that Susan B. McDaniel's ("claimant")
nerve impingement and fibromyositis qualify as compensable
occupational diseases 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.
The facts are not in dispute. Since 1974 claimant worked
for employer in a variety of jobs on the turkey production line.
All of these jobs involved repetitive hand and arm movements.
In June 1992, she began to experience numbness and tingling in
her hands and she felt a knot in her left shoulder. In November
1992, she sought medical treatment from Dr. R.L. Schubert. Dr.
*
Pursuant to Code § 17-116.010 this opinion is not
designated for publication.
Schubert diagnosed carpal tunnel syndrome. In February 1993,
claimant began treatment with Dr. David S. Klein upon a referral
from Dr. Schubert. Dr. Klein initially diagnosed carpal tunnel
syndrome. However, in October 1994, Dr. Klein ruled out carpal
tunnel syndrome on the basis of certain tests. He then diagnosed
unspecified nerve impingement and fibromyositis resulting from
repetitive motion at work. Although Dr. Klein could not identify
the exact location of the claimant's nerve impingement, he stated
that it fell somewhere between claimant's spinal cord and her
fingertips.
Relying upon Dr. Klein's opinions, the commission found that
claimant's nerve impingement and fibromyositis constituted
"diseases" caused by her employment. 1
In Piedmont Mfg. Co. v. East, 17 Va. App. 499, 503, 438
S.E.2d 769, 772 (1993), we defined "disease" as
any deviation from or interruption of the
normal structure or function of any part,
organ, or system (or combination thereof) of
the body that is manifested by a
characteristic set of symptoms and signs and
whose etiology, pathology, and prognosis may
be known or unknown.
"[T]he definition enunciated in Piedmont [has been
recognized by this Court] as the general and accepted meaning of
the term 'disease,' a term which is presumed to be known by the
1
The commission found that claimant proved that a causal
connection existed between her diseases and her employment.
Employer did not appeal this finding. Therefore, it is the law
of the case.
2
legislature and is employed by it without restriction in Code
§§ 65.2-400 and 65.2-401." Perdue Farms, Inc. v. McCutchan, 21
Va. App. 65, 68, 461 S.E.2d 431, 435 (1995).
Dr. Klein described "nerve impingement" as "a disease
process somewhere along the 36 or so inches from the tip of the
fingertip to the spinal cord." Fibromyositis is defined as
"inflammation of the fibromuscular tissue." Dorland's
Illustrated Medical Dictionary 501 (26th ed. 1985). Using these
general medical definitions of nerve impingement and
fibromyositis, as we did for carpal tunnel syndrome in Perdue, we
find that they place claimant's conditions within the definition
of disease set forth in Piedmont and approved of in Perdue.
On appeal, we view the evidence in the light most favorable
to the prevailing party below. R.G. Moore Bldg. Corp. v.
Mullins, 10 Va. App. 211, 212, 390 S.E.2d 788, 788 (1990). This
Court must uphold the commission's factual findings if supported
by credible evidence. James v. Capitol Steel Constr. Co., 8 Va.
App. 512, 515, 382 S.E.2d 487, 488 (1989).
As in Perdue, claimant's conditions did not present as
obvious, sudden, mechanical or structural changes in her body.
Rather, credible evidence supports the commission's finding that
claimant's nerve impingement and fibromyositis are conditions
characterized as "diseases" within the meaning of the Act.
Accordingly, we affirm the commission's decision.
Affirmed.
3