Bill Text: VA HB531 | 2024 | Regular Session | Prefiled
Bill Title: Workers' compensation; injuries caused by repetitive and sustained physical stressors.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2024-02-05 - Continued to 2025 in Appropriations by voice vote [HB531 Detail]
Download: Virginia-2024-HB531-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 requires a different meaning, 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 repetitive and sustained 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 the
period of time over which such physical stress occurred can
be reasonably identified. Notwithstanding prior decisions to the contrary, any
such injuries or diseases shall be covered if shown to arise out of and in the
course of employment as provided 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.
