Bill Text: VA HB1002 | 2022 | Regular Session | Prefiled
Bill Title: Workers' compensation; injuries caused by repetitive and sustained physical stressors.
Spectrum: Partisan Bill (Democrat 11-0)
Status: (Introduced - Dead) 2022-02-15 - Left in Commerce and Energy [HB1002 Detail]
Download: Virginia-2022-HB1002-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That §65.2-400 of the Code of Virginia is amended and reenacted as follows:
§65.2-400. "Occupational disease" defined.
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. In
addition, "occupational
disease" includes injuries or diseases from conditions resulting from physical
stressors, including repetitive and sustained motions, exertions, posture
stresses, contact stresses, vibrations, or noises. Repetitive
and sustained physical stress is not required to have occurred over a
particular period of time, so long as such period can be reasonably identified.
Notwithstanding prior decisions to the contrary, any such
injuries shall be covered injuries if shown to arise out of and in the course
of the employment as set forth in this section.
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.
