Virginia General Assembly Amends Workers’ Compensation Act to Provide Coverage For Job-Related Carpal Tunnel Syndrome and Hearing Loss

Virginia General Assembly Amends Workers' Compensation Act To Provide Coverage For Job-Related Carpal Tunnel Syndrome And Hearing Loss

Governor Allen recently signed into law legislation passed by the General Assembly during the 1997 Session that allows carpal tunnel syndrome and hearing loss arising out of and in the course of employment to be treated as occupational diseases covered by the Virginia Workers' Compensation Act. This legislation is an attempt to strike a balance between compensating employees for industrial injuries and protecting employers from frivolous lawsuits and potentially unlimited tort liability.

The new legislation amends the Act to allow recovery of workers' compensation benefits for carpal tunnel syndrome and hearing loss under certain limited conditions. The legislation defines carpal tunnel syndrome and hearing loss as "ordinary diseases of life," which are generally not compensable. However, carpal tunnel syndrome and hearing loss may be treated as occupational diseases, and thus be covered by workers' compensation, if an employee establishes by clear and convincing evidence that the condition exists; that it arose out of the course of employment; that it did not result from causes outside of the employment; and that it was caused by conditions peculiar to that employment.

The inclusion of job-related carpal tunnel syndrome and hearing loss within the scope of the Virginia Workers' Compensation Act may have the effect of increasing the rates employers pay for workers' compensation insurance. More importantly, the amendment restricts a claimant's recovery for carpal tunnel syndrome or hearing loss to workers' compensation benefits, thus safeguarding employers from potentially unlimited tort liability.

Scott A. Johnson
Mr. Johnson is an attorney in our Roanoke office.
E-mail: sjohnson@woodsrogers.com