Franklin City PW v. Haywood Riddick

COURT OF APPEALS OF VIRGINIA Present: Chief Judge Moon, Senior Judges Cole and Duff FRANKLIN CITY PUBLIC WORKS AND VIRGINIA MUNICIPAL GROUP SELF-INSURANCE ASSOCIATION MEMORANDUM OPINION * PER CURIAM v. Record No. 0397-96-3 JUNE 25, 1996 HAYWOOD RIDDICK FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION (Robert A. Rapaport; Lynne M. Ferris; Knight, Dudley, Clarke & Dolph, on brief), for appellants. No brief for appellee. Franklin City Public Works and its insurer contend that the Workers' Compensation Commission erred in finding that Haywood Riddick's hearing loss qualifies as an occupational "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.