Snydergeneral Corp., et al. v Gerald W. Johnson

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COURT OF APPEALS OF VIRGINIA Present: Chief Judge Moon, Senior Judges Cole and Duff SNYDERGENERAL CORPORATION AND TRANSPORTATION INSURANCE COMPANY v. MEMORANDUM OPINION * PER CURIAM MARCH 19, 1996 Record No. 2167-95-3 GERALD W. JOHNSON COMPENSATION COMMISSION FROM THE VIRGINIA WORKERS' (J. Brian Jackson; Patricia C. Karppi; McGuire, Woods, Battle & Boothe, on brief), for appellants. (George L. Townsend; Chandler, Franklin & O'Bryan, on brief), for appellee. Syndergeneral Corporation and its insurer contend that the Workers' Compensation Commission erred in finding that Gerald W. Johnson's bilateral tendinitis and lateral and medial humeral epicondylitis qualify as compensable 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, ___ Va. ___, ___, ___ S.E.2d ___, ___ (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"). * Pursuant to Code § 17-116.010 this opinion is not designated for publication. Accordingly, we reverse the commission's decision. Reversed. 2

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