Nielsen Construction Co v. Arnold Lester Cook

COURT OF APPEALS OF VIRGINIA Present: Chief Judge Moon, Senior Judges Cole and Duff NIELSEN CONSTRUCTION COMPANY, INC. AND VIRGINIA CONTRACTORS GROUP SELF-INSURANCE ASSOCIATION MEMORANDUM OPINION * PER CURIAM v. Record No. 0290-96-3 JUNE 18, 1996 ARNOLD LESTER COOK FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION (Cathleen P. Welsh; Wharton, Aldhizer & Weaver, on brief), for appellants. (A. Thomas Lane, Jr., on brief), for appellee. Nielsen Construction Company, Inc. and its insurer contend that the Workers' Compensation Commission erred in finding that Arnold Lester Cook's bilateral carpal tunnel syndrome qualifies as an occupational "disease" under the Workers' Compensation Act. This appeal is controlled by the Supreme Court's decision in Stenrich Group v. Jemmott, ___ Va. ___, ___, 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.