3.
The Act specifically states hearing loss and carpal tunnel syndrome are conditions that can only be compensable under the section governing ordinary diseases of life, if they are compensable at all. Until this provision was added, Virginia viewed these as non-compensable, gradually incurred injuries.
C.
Ordinary Diseases of Life a)
For an ordinary disease of life to be compensable, the claimant has a higher burden of proof. Namely, the claimant must prove by clear and convincing evidence that:
(1) The disease exists and arose out of and in the course of employment as provided in Section 65.2-400 with respect to occupational diseases and did not result from causes outside of the employment, and
(2) That one of the following exists: (a)
(b)
It follows as an incident of occupational disease as defined in this title; or
It is an infectious or contagious disease contracted in the course of one's employment in a hospital, sanitarium, 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
(c) b) D.
It is characteristic of the employment and was caused by conditions peculiar to such employment.
Because a claimant must prove that the work caused the disease and that it was not caused by factors outside of the employment, it is significantly more difficult for the claimant to prevail regarding this issue.
Presumptions
Virginia has created presumptions of causation in favor of certain employees with disease claims.
Virginia Code Section 65.2-402 includes presumptions that the following are occupational diseases, suffered in the line of duty:
