National Fruit Product Co. v. Staton

Supreme Court of Virginia

National Fruit Product Co. v. Staton

DecidedMarch 3, 2000

Docket990428

StatusPublished

This text of National Fruit Product Co. v. Staton (National Fruit Product Co. v. Staton) is published on Counsel Stack Legal Research, covering Supreme Court of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

National Fruit Product Co. v. Staton, (Va. 2000).

Pincite

Opinion

Present: Carrico, C.J., Compton, * Lacy, Hassell, Keenan, Koontz, and Kinser, JJ.

NATIONAL FRUIT PRODUCT COMPANY, INC., ET AL. PER CURIAM v. Record No. 990428 March 3, 2000

BRENDA STATON

FROM THE COURT OF APPEALS OF VIRGINIA

We awarded this appeal to review a judgment of the Court of

Appeals in National Fruit Product Co. v. Staton, 28 Va. App.

650, 507 S.E.2d 667 (1998), a workers' compensation case

involving carpal tunnel syndrome.

The appeal was limited to the consideration of one

assignment of error. The issue considered is whether the Court

of Appeals erred in determining that "high probability" is

equivalent to "clear and convincing evidence (not a mere

probability)" within the context of Code § 65.2-401. That

statute sets forth the elements required to prove a compensable

ordinary disease of life.

For the reasons set forth in the opinion of the Court of

Appeals, we will affirm the court's judgment.

Affirmed.

* Justice Compton participated in the hearing and decision of this case prior to the effective date of his retirement on February 2, 2000.

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