W. C. English, Inc. v Cheryl L. Leisenring

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COURT OF APPEALS OF VIRGINIA Present: Chief Judge Moon, Senior Judges Cole and Duff W. C. ENGLISH, INC. v. Record No. 2665-95-3 CHERYL L. LEISENRING COMPENSATION COMMISSION MEMORANDUM OPINION * PER CURIAM MARCH 19, 1996 FROM THE VIRGINIA WORKERS' (Roger L. Williams; Vasiliki Moudilos; Williams & Pierce, on brief), for appellant. (Robert E. Evans, on brief), for appellee. W. C. English, Inc. ("employer") contends that the Workers' Compensation Commission erred in finding that (1) Cheryl L. Leisenring's bilateral tendinitis and de Quervain's syndrome qualify as compensable occupational diseases within the meaning of "disease" under the Worker's Compensation Act ("the Act"); and (2) Leisenring was disabled beyond February 1, 1995. Employer requests that this Court remand this case to the commission for employer to put on evidence, if we find that Leisenring's conditions qualify as compensable occupational diseases. 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 * Pursuant to Code § 17-116.010 this opinion is not designated for publication. however defined, are, as a matter of law, not compensable under the present provisions of the Act"). Because Stenrich is dispositive of this appeal, we need not address the remaining questions presented by employer. Accordingly, we reverse the commission's decision. Reversed. 2

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