Opinion
Record No. 0655-95-3
Decided: November 21, 1995
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
Affirmed.
(Cathleen P. Welsh; Wharton, Aldhizer Weaver, on brief), for appellants.
(A. Thomas Lane, Jr., on brief), for appellee.
Present: Chief Judge Moon, Senior Judges Cole and Duff
Pursuant to Code Sec. 17-116.010 this opinion is not designated for publication.
The sole issue on this appeal is whether the Workers' Compensation Commission erred in finding that Beverly L. Enright's bilateral carpal tunnel syndrome qualifies as a compensable occupational disease within the meaning of "disease" under the Workers' Compensation Act ("the Act"). Upon reviewing the record and the briefs of the parties, we conclude that this appeal is without merit. Accordingly, we summarily affirm the commission's decision. Rule 5A:27.
The facts are not in dispute. Enright worked for J. E. Morgan for five years. From January 1994 to March 1994, she was required to sew 300 dozen units of elastic on long underwear during each shift. On February 25, 1994, she reported pain in her left thumb and wrist to her supervisor. Thereafter, she sought medical attention from Dr. John M. Stauffer. Dr. Stauffer referred Enright to Dr. G. Edward Chappell, Jr., an orthopedic surgeon. Dr. Chappell diagnosed bilateral carpal tunnel syndrome caused by Enright's employment. Relying upon Dr. Chappell's records and opinions, the commission found that Enright's bilateral carpal tunnel syndrome constituted a "disease" caused by her employment.
We recently held in Perdue Farms, Inc. v. McCutchan, 21 Va. App. 65, 68, 461 S.E.2d 431, 435 (1995), that the general medical definition of carpal tunnel syndrome places it within the definition of disease set forth in Piedmont Mfg. Co. v. East, 17 Va. App. 499, 503, 438 S.E.2d 769, 772 (1993). As in Perdue, Enright's condition did not present as an obvious, sudden, mechanical or structural change in her body. Based upon our holding in Perdue and upon Dr. Chappell's diagnosis, we conclude that credible evidence supports the commission's finding that Enright's carpal tunnel syndrome is a condition characterized as a "disease" within the meaning of the Act.
Accordingly, we affirm the commission's decision.
Affirmed.