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Guide to Virginia Workers’ Compensation Law

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1. 2. 3. Respiratory diseases that cause the death or disability of a volunteer or salaried firefighter or Department of Emergency Management hazardous materials officer. Hypertension or heart disease causing the death, total or partial disability of salaried or volunteer firefighters and certain law enforcement employees. Certain cancers in volunteer or salaried firefighters, Department of Emergency Management hazardous materials officers, commercial vehicle enforcement officers or motor carrier safety troopers employed by the Department of State Police, or full-time sworn members of the enforcement division of the Department of Motor Vehicles having completed twelve years of continuous service who have a contact with a toxic substance encountered in the line of duty. Virginia Code Section 65.2-402.1 creates a presumption that hepatitis, meningococcal meningitis, tuberculosis or HIV causing the death or disability of certain employees listed by statute who have a documented occupational exposure to blood or body fluids are occupational diseases, suffered in the line of government duty. Overcoming these presumptions is possible, but will be difficult in many cases, making it very important to immediately refer any such claim you wish to defend to counsel to allow time for development of evidence.

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