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MERILLAT INDUSTRIES, INC. v. PARKS

Record No. 921532.

436 S.E.2d 600 (1993)

MERILLAT INDUSTRIES, INC., et al. v. Carter McKinnon PARKS.

Supreme Court of Virginia.

November 5, 1993.

Attorney(s) appearing for the Case

John E. Kieffer (Woodward, Miles & Flannagan, on briefs), for appellants.

Ginger Jonas Largen (Gerald F. Sharp; Browning, Morefield, Lamie & Sharp, on brief), for appellee.

Present: CARRICO, C.J., and COMPTON, STEPHENSON, WHITING, LACY, and HASSELL, JJ., and HARRISON, Retired Justice.

LACY, Justice.

In this appeal we consider whether a torn rotator cuff muscle sustained by a worker because of repetitive motions in his assigned job is compensable under the Virginia Workers' Compensation Act, Title 65.1 (now 65.2) (the Act), as an occupational disease. Carter McKinnon Parks was employed by Merillat Industries, Inc. to remove paint booth hangers from a rotating overhead conveyor. In 1989 Parks filed a claim with the Industrial Commission, now the...

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