2006 Code of Virginia § 65.2-400 - "Occupational disease" defined

65.2-400. "Occupational disease" defined.

A. As used in this title, unless the context clearly indicates otherwise, theterm "occupational disease" means a disease arising out of and in thecourse of employment, but not an ordinary disease of life to which thegeneral public is exposed outside of the employment.

B. A disease shall be deemed to arise out of the employment only if there isapparent to the rational mind, upon consideration of all the circumstances:

1. A direct causal connection between the conditions under which work isperformed and the occupational disease;

2. It can be seen to have followed as a natural incident of the work as aresult 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 substantialexposure outside of the employment, nor any condition of the neck, back orspinal column;

5. It is incidental to the character of the business and not independent ofthe relation of employer and employee; and

6. It had its origin in a risk connected with the employment and flowed fromthat source as a natural consequence, though it need not have been foreseenor expected before its contraction.

C. Hearing loss and the condition of carpal tunnel syndrome are notoccupational diseases but are ordinary diseases of life as defined in 65.2-401.

(Code 1950, 65-42; 1952, c. 603; 1968, c. 660, 65.1-46; 1970, c. 470;1986, c. 378; 1991, c. 355; 1997, cc. 15, 405.)

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