Opinion
Record No. 2062-92-1
Decided: June 14, 1994
UPON REMAND FROM THE SUPREME COURT OF VIRGINIA
Reversed and remanded.
Barry Dorans (Samuel W. Meekins, Jr.; Wolcott, Rivers, Wheary, Basnight Kelly, P.C., on briefs), for appellant.
Robert E. Walsh (Rutter Montagna, on brief), for appellee.
Present: Chief Judge Moon, Judges Baker and Bray
Pursuant to Code Sec. 17-116.010 this opinion is not designated for publication.
Ford Motor Company (employer) appealed the decision of the Workers' Compensation Commission (commission) awarding Eudia M. Gay (claimant) disability benefits, contending that claimant failed to prove a compensable occupational disease. Guided by our holding in Merillat Industries, Inc. v. Parks, 15 Va. App. 44, 421 S.E.2d 867 (1992), a panel of this Court disagreed and affirmed the award in a memorandum opinion rendered October 19, 1993. Employer subsequently appealed to the Virginia Supreme Court, which reversed and remanded the cause to this Court "for reconsideration in light of [that] Court's decision" in Merillat Industries, Inc. v. Parks, 246 Va. 429, 436 S.E.2d 600 (1993) (Merillat II).
Upon such further consideration, and in accordance with our recent decision in Virginia Supermarkets v. George, ___ Va. App. ___, ___ S.E.2d ___ (1994), we remand the case to the commission to determine whether claimant's condition is a noncompensable injury by cumulative trauma, as contemplated in Merillat II, or a compensable disease, within the intendment of Code Sec. 65.1-400. See Piedmont Mfg. Co. v. East, ___ Va. App. ___, ___, 438 S.E.2d 769, 772 (1993); Dep't. of State Police v. Haga, ___ Va. App. ___ ___, ___ S.E.2d ___, ___ (1994). In execution of this mandate, the commission shall receive such additional evidence that it deems appropriate. See Washington Metro. Area Transit v. Harrison, 228 Va. 598, 602, 324 S.E.2d 654, 656 (1985).
Reversed and remanded.