Safeway Stores, Inc. v. Jensie Joanna Pope

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.