Pub. Broadcasting Serv. v. Mary Pax-Shipley

COURT OF APPEALS OF VIRGINIA Present: Chief Judge Moon, Senior Judges Cole and Duff PUBLIC BROADCASTING SERVICES AND GREAT NORTHERN INSURANCE COMPANY MEMORANDUM OPINION * PER CURIAM v. Record No. 0487-96-4 JULY 9, 1996 MARY E. PAX-SHIPLEY FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION (Charles P. Monroe; Jeffrey R. Dion; Mell, Brownell & Baker, on briefs), for appellants. (Andrew S. Kasmer; Chasen & Boscolo, on brief), for appellee. Public Broadcasting Services and its insurer contend that the Workers' Compensation Commission erred in finding that Mary E. Pax-Shipley's bilateral tendinitis and/or tenosynovitis qualify as occupational "diseases" within the meaning of "disease" 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.