SEARCH SITE
VIRGINIA LAW PORTAL
- Code of Virginia
- Virginia Administrative Code
- Constitution of Virginia
- Charters
- Authorities
- Compacts
- Uncodified Acts
- RIS Users (account required)
SEARCHABLE DATABASES
- Bills & Resolutions
session legislation - Bill Summaries
session summaries - Reports to the General Assembly
House and Senate documents - Legislative Liaisons
State agency contacts
ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
1997 SESSION
978251180Patrons-- Croshaw, Abbitt, Albo, Behm, Bloxom, Bryant, Cantor, Councill, Cox, Crouch, Davies, Drake, Hargrove, Heilig, Katzen, Landes, Nelms, Nixon, Parrish, Purkey, Rhodes, Sherwood, Shuler, Tata, Wardrup, Watkins and Weatherholtz; Senators: Benedetti, Bolling, Chichester, Hanger, Martin, Miller, K.G., Newman, Norment, Potts, Reasor, Schrock, Stolle, Stosch and Woods
Be it enacted by the General Assembly of Virginia:
1. That § 65.2-401 of the Code of Virginia is amended and reenacted as follows:
§ 65.2-401. "Ordinary disease of life" coverage.
A. An ordinary disease of life to which the general public is
exposed outside of the employment, including the condition of carpal
tunnel syndrome, may be treated as an occupational disease for purposes
of this title if it each of the following elements is
established by clear and convincing evidence, to a
reasonable:
1. To an absolute degree of medical
certainty, that it and not probability, the disease arose
out of and in the course of employment as provided in § 65.2-400 with
respect to occupational diseases and did not result from causes outside of the
employment, more than to a de minimus degree; and
that:
12.a. ItThe disease
follows as an incident of occupational disease as defined in this title; or
2b. ItThe disease is an infectious
or contagious disease contracted in the course of one's employment in a
hospital or sanitarium or laboratory or nursing home as defined in §
32.1-123, or while otherwise engaged in the direct delivery of health care, or
in the course of employment as emergency rescue personnel and those volunteer
emergency rescue personnel referred to in § 65.2-101; or
3c. ItThe disease is characteristic
of the employment and was caused by conditions peculiar to such employment
, which shall be established by proving that both the
claimant's job and similar jobs within the workplace or industry cause
said disease, and was not caused by conditions to which the employee
was exposed outside the employment more than to a de minimus
degree.
B. For purposes of carpal tunnel syndrome, the minimum criteria for a duly qualified physician to express an opinion with the degree of medical certainty set forth in subsection A, requires that carpal tunnel syndrome shall be diagnosed and communicated to the claimant by a duly qualified physician who, either personally or through someone under his supervision, in developing the diagnosis, (i) accurately documents the claimant's symptoms as well as past and present exposure to the causative hazards of carpal tunnel syndrome, both within and without the workplace, (ii) performs and documents the results of a physical examination of the claimant which includes, but shall not be limited to, conducting a Phalen's test, a carpal canal pressure study, and an examination of Tinel's sign at the wrist, and (iii) performs and documents the results of objective and reproducible electrodiagnostic tests designed to determine the presence or absence of carpal tunnel syndrome. Nothing in this subsection shall in any manner limit the claimant's burden of proof as set forth in subsection A.
C. For any recovery hereunder for carpal tunnel syndrome, a claimant shall not be entitled to recovery of benefits under § 65.2-503.