Skip to main content

Virginia Code Title 65.2. Workers' Compensation § 65.2-400. “Occupational disease” defined

Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.

A.?As used in this title, unless the context clearly indicates otherwise, the term ?occupational disease? means a disease arising out of and in the course of employment, but not an ordinary disease of life to which the general public is exposed outside of the employment.

B.?A disease shall be deemed to arise out of the employment only if there is apparent to the rational mind, upon consideration of all the circumstances:

1.?A direct causal connection between the conditions under which work is performed and the occupational disease;

2.?It can be seen to have followed as a natural incident of the work as a result of the exposure occasioned by the nature of the employment;

3.?It can be fairly traced to the employment as the proximate cause;

4.?It is neither a disease to which an employee may have had substantial exposure outside of the employment, nor any condition of the neck, back or spinal column;

5.?It is incidental to the character of the business and not independent of the relation of employer and employee; ?and

6.?It had its origin in a risk connected with the employment and flowed from that source as a natural consequence, though it need not have been foreseen or expected before its contraction.

C.?Hearing loss and the condition of carpal tunnel syndrome are not occupational diseases but are ordinary diseases of life as defined in ??65.2-401.

Cite this article: - Virginia Code Title 65.2. Workers' Compensation § 65.2-400. “Occupational disease” defined - last updated January 01, 2020 |

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.

Copied to clipboard