Safeway Stores, Inc. v Jensie Joanna Pope

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COURT OF APPEALS OF VIRGINIA Present: Judges Bray, Annunziata and Overton SAFEWAY STORES, INC. v. MEMORANDUM OPINION * PER CURIAM JULY 23, 1996 Record No. 0757-96-4 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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