Virginia Supermarkets v. George
Cases that cite this one
4 later published cases cite this decision.
- Brown-Forman Corp. v. Sims Wholesale Co, Inc (Va. Ct. App. 1995)
- Haywood Riddick v. Franklin City Public Works, etal (Va. Ct. App. 1995)
- Shoppers Food Warehouse v. Deborah S. Cummins (Va. Ct. App. 1995)
- Ruane v. Virginia Real Estate Board (Fairfax County Circuit Court 1995)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The Workers’ Compensation Commission awarded Elizabeth Storm George compensation based upon a determination that she contracted an occupational disease, carpal tunnel syndrome. The sole issue on appeal is whether George’s carpal tunnel syndrome is a disease within the meaning of Code § 65.2-400 and the holding of Merillat Industries, Inc. v. Parks, 246 Va. 429, 436 S.E.2d 600 (1993).
In Merillat, the claimant suffered from a torn rotator cuff which resulted from repetitive overhead lifting and manipulation with his left arm. The Supreme Court of Virginia held that a plain reading of Code § 65.1-46,
It appears from the record that the commission assumed but failed to find that George’s carpal tunnel syndrome, which also resulted from repetitive activity, was a disease. That assumption was justified in light of this Court’s holding that carpal tunnel syndrome is compensable as an occupational disease upon proof of the six requirements of Code § 65.2-400. Knott v. Blue Bell, Inc., 7 Va. App. 335, 337 n.2, 373 S.E. 2d 481, 482 n.2 (1988). However, we interpret Merillat to require a separate finding, based upon credible evidence, that the condition is a disease. Merillat, 246 Va. at 433, 436 S.E.2d at 602.
Therefore, we remand this case for the commission to make a factual finding whether George’s carpal tunnel syndrome is a disease within the meaning of that term in Code § 65.2-400. See Piedmont Mfg. Co. v. East, 17 Va. App. 499, 438 S.E.2d 769 (1993); Department of State Police v. Haga, 18 Va. App. 162, 442 S.E.2d 424 (1994). In view of the developments in the law since this case was decided before the commission, we direct the commission to allow both parties the opportunity to present additional evidence concerning whether the condition is a disease.
Reversed and remanded.
Elder, J., and Cole, S.J., concurred.
Title 65.1, the Workers’ Compensation Act, was recodified effective 1991 as Title 65.2. Code § 65.1-46 was redesignated § 65.2-400. There were no substantive changes.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.