COURT OF APPEALS OF VIRGINIA
Present: Chief Judge Moon, Senior Judges Cole and Duff
HENRICO COUNTY SCHOOL BOARD
v. Record No. 1069-95-2 MEMORANDUM OPINION *
PER CURIAM
CORNELIA W. WATERS NOVEMBER 21, 1995
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
(G. A. Kalbaugh, Jr; Claire C. Carr; Kalbaugh, Pfund &
Messersmith, on brief), for appellant.
(Timothy J. Healy; Levit & Mann, on brief), for
appellee.
Henrico County School Board contends that the Workers'
Compensation Commission erred in finding that Cornelia W. Waters'
left lateral epicondylitis qualifies as a compensable
occupational 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.
The facts are not in dispute. In September 1992, Waters
began working for employer as a school nurse. In her job, Waters
administered initial medical care and she maintained three
separate three-ring binder notebooks containing records on 1100
students. On a frequent basis, Waters used her left hand to
obtain, open, and close the notebooks. Between September 1992
*
Pursuant to Code § 17-116.010 this opinion is not
designated for publication.
and January 1993, Waters began to notice left arm pain radiating
from her elbow to her wrist. She did not relate this pain to any
specific incident at work. In January 1993, she sought medical
treatment from Dr. Dennis Thomas. After Dr. Thomas' conservative
treatment proved unsuccessful, he referred Waters to Dr. Kenneth
R. Zaslav, an orthopedic surgeon.
On December 20, 1993, Dr. Zaslav diagnosed persistent left
lateral epicondylitis, i.e., tennis elbow. Based upon Waters'
history, Dr. Zaslav testified that her condition arose out of and
in the scope of her employment as a result of the recurrent use
of her left arm to handle the heavy notebooks. Based upon the
lack of any history of a single sudden incident of pain, Dr.
Zaslav opined that Waters' condition was the result of cumulative
overloading, tearing, or stretching of the muscles that insert at
the epicondyle. Relying upon Waters' testimony and Dr. Zaslav's
opinions, the commission found that Waters' left lateral
epicondylitis constituted a "disease" caused by her employment.
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
2
the term 'disease,' a term which is presumed to be known by the
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).
Epicondylitis is defined as "inflammation of the epicondyle
or of the tissues adjoining the epicondyle of the humerus."
Dorland's Illustrated Medical Dictionary 450 (26th ed. 1985).
Using this general medical definition of epicondylitis, as we did
for carpal tunnel syndrome in Perdue, we find that it places
epicondylitis within the definition of disease set forth in
Piedmont and approved of in Perdue. 1
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). On
appeal, this Court will 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, Waters' condition did not present as an
obvious, sudden, mechanical or structural change in her body.
Rather, credible evidence supports the commission's finding that
Waters' left lateral epicondylitis is a condition characterized
as a "disease" within the meaning of the Act.
Accordingly, we affirm the commission's decision.
1
In his November 11, 1994 deposition, Dr. Zaslav essentially
agreed with this general medical definition of epicondylitis.
3
Affirmed.
4