Court of Appeals of Virginia, 1996

Safeway Stores, Inc. v. Jensie Joanna Pope

Safeway Stores, Inc. v. Jensie Joanna Pope
Court of Appeals of Virginia · Decided July 23, 1996

Safeway Stores, Inc. v. Jensie Joanna Pope

Opinion

COURT OF APPEALS OF VIRGINIA

Present: Judges Bray, Annunziata and Overton

SAFEWAY STORES, INC. MEMORANDUM OPINION * v. Record No. 0757-96-4 PER CURIAM JULY 23, 1996 JENSIE JOANNA POPE

FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION (Kevin J. O'Connell; O'Connell & O'Connell, on brief), for appellant. Appellant submitting on brief. (James F. Green; Ashcraft & Gerel, on brief), for appellee. Appellee submitting on brief.

Safeway Stores, Inc. contends that the Workers' Compensation Commission erred in finding that Jensie Joanna Pope's carpal tunnel syndrome qualifies as a compensable ordinary disease of life under the Workers' Compensation Act ("the Act").

This appeal is controlled by the Supreme Court's decision in Stenrich Group v. Jemmott, 251 Va. 186, 199, 467 S.E.2d 795, 802 (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 reverse the commission's decision.

Reversed.

* Pursuant to Code § 17-116.010 this opinion is not designated for publication.

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