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1995 SESSION

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LD8168400
HOUSE BILL NO. 2067 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the House Committee on Labor and Commerce on February 1, 1995) (Patron Prior to Substitute--Delegate Phillips) A BILL to amend the Code of Virginia by adding a section numbered 65.2-401.1, relating to workers' compensation; presumption as to definition of disease.

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 65.2-401.1 as follows:

§ 65.2-401.1. Presumption as to definition of disease for carpal tunnel syndrome and hearing loss.

For the purposes of claims for benefits pursuant to §§ 65.2-400 and 65.2-401, carpal tunnel syndrome or hearing loss shall be presumed to be medically defined as a disease, unless such presumption of disease is overcome by a preponderance of competent evidence to the contrary. The presumption pursuant to this section shall in no way alter the claimant's burden of proof or other requirements set forth in §§ 65.2-400 and 65.2-401. This section shall not be construed to exclude any other ailments from potential coverage pursuant to §§ 65.2-400 and 65.2-401.