COURT OF APPEALS OF VIRGINIA 

Present: Judges Elder, Annunziata and Senior Judge Duff 

Argued at Alexandria, Virginia 

WASHINGTON METROPOLITAN AREA 

 TRANSIT AUTHORITY 

 MEMORANDUM OPINION* BY 

v. Record No. 0633-95-4 JUDGE LARRY G. ELDER 

 OCTOBER 31, 1995 

STEPHEN E. RICHESON 

 FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION 

 Frank R. Kearney (Robert C. Baker, Jr.; Mell, 

Brownell & Baker, on brief), for appellant. 

 William A. Musto (Koonz, McKenney, Johnson & 

DePaolis, on brief), for appellee. 

 

 Washington Metropolitan Area Transit Authority (employer) 

appeals the commission's award of benefits to Steven Richeson 

(claimant) for disability due to carpal tunnel syndrome. The 

sole issue on appeal is whether sufficient evidence established 

claimant suffered from a disease. We hold the commission did not 

err in determining that claimant suffered from the disease of 

carpal tunnel syndrome and that an award of benefits was 

appropriate. 

 Employer employed claimant as a "mechanical helper rail, 

p.i. (periodic inspector)." Claimant began to experience 

numbness in his hands before November 1991. In early 1993 

claimant noticed a numbness in his right hand, especially after 

periods of prolonged gripping while working. 

 

 *Pursuant to Code § 17-116.010 this opinion is not 

designated for publication. 
 2 

 On February 4, 1993, claimant came under the care of Dr. 

Jimmy A. Chow, a hand surgeon. Dr. Chow diagnosed bilateral 

carpal tunnel syndrome, which he characterized as a median nerve 

compression neuropathy at the wrist caused by repetitive motion 

injury from work. On April 28, 1993, Dr. Chow performed 

neurolysis of the median nerve at the right carpal tunnel and 

neurolysis of the ulnar nerve at the right wrist. Dr. Chow 

released claimant to light duty work status on September 14, 

1993. In response to questions from claimant's counsel on April 

15, 1994, Dr. Chow indicated claimant developed bilateral carpal 

tunnel syndrome, an occupational disease, due to the repetitive 

and sustained nature of his work. 

 At employer's request, Dr. Thomas R. Shepler, also a hand 

surgeon, evaluated claimant on February 7, 1994. While Dr. 

Shepler agreed claimant developed carpal tunnel syndrome, he did 

not believe work related activity caused the condition. Dr. 

Shepler opined that claimant's work activities merely aggravated 

the underlying condition and caused it to become symptomatic. 

 On October 14, 1994, the deputy commissioner found the 

evidence sufficiently established an occupational disease 

(bilateral carpal tunnel syndrome), which resulted in claimant's 

disability. On March 3, 1995, the full commission affirmed this 

finding and awarded benefits. The commission found claimant's 

carpal tunnel syndrome met the test set forth in Merillat 

Industries, Inc. v. Parks, 246 Va. 429, 436 S.E.2d 600 (1993). 
 3 

 "Upon appellate review, the findings of fact made by the 

Workers' Compensation Commission will be upheld when supported by 

credible evidence." Commonwealth/Dept. of State Police v. Haga, 

18 Va. App. 162, 166, 442 S.E.2d 424, 426 (1994). This Court 

construes the evidence in the light most favorable to the 

prevailing party below, claimant in this instance. Crisp v. 

Brown's Tysons Corner Dodge, Inc., 1 Va. App. 503, 504, 339 

S.E.2d 916, 916 (1986). We hold sufficient credible evidence 

supports the commission's finding that claimant's condition was 

compensable as an occupational disease. 

 The commission recognized, "Dr. Chow, in his various 

reports, clearly set forth his opinion that this condition was a 

disease which was caused by [claimant's] work." Carpal tunnel 

syndrome is defined as "a complex of symptoms resulting from 

compression of the median nerve in the carpal tunnel, with pain 

and burning or tingling paresthesias in the fingers and hand, 

sometimes extending to the elbow." Perdue Farms, Inc. v. 

McCutchan, 21 Va. App. 65, 69, 461 S.E.2d 431, 433 (1995)(quoting 

Dorland's Illustrated Medical Dictionary 1289 (26th ed. 1985)). 

This definition matches Dr. Chow's description of claimant's 

condition and places claimant's carpal tunnel syndrome "within 

the definition of disease set forth in Piedmont[Mfg. Co. v. East, 

17 Va. App. 499, 438 S.E.2d 769 (1993)] and approved and applied 

by the commission in Perdue Farms, Inc. v. McCutchan." 

McCutchan, 21 Va. App. at 68-69, 461 S.E.2d at 433; see Knott v. 
 4 

Blue Bell, Inc., 7 Va. App. 335, 373 S.E.2d 481 (1988)(holding 

carpal tunnel syndrome was an occupational disease). Even if Dr. 

Chow had not specifically stated claimant's condition was a 

"disease," McCutchan states the commission may nonetheless "make 

its determination on the basis of established medical 

classification and terminology." McCutchan, 21 Va. App. at 73, 

461 S.E.2d at 435 (affirming commission's award of benefits for 

claimant's carpal tunnel syndrome where claimant's condition "did 

not present an obvious, sudden mechanical or structural change in 

her body"). 

 Accordingly, we affirm the commission's decision. 

Affirmed.