Page v. City of Richmond, 241 S.E.2d 775 (Va. 1978). · Go Syfert
Page v. City of Richmond, 241 S.E.2d 775 (Va. 1978). Cases Citing This Book View Copy Cite
G Cite
cited 3× by 3 distinct cases, last quoted 1980 · …prior to making his claim based upon such presumption, ⚠ not in text Topic ↗
130 citation events (25 in the last 25 years) across 3 distinct courts.
Strongest positive: Town of Waverly Law Enforcement v. Owens (vactapp, 2008-02-19)
Treatment trajectory · 1978 → 2026 · click a year to view as-of
1978 2002 2026
Top citers, strongest first. 30 distinct citers. How cited ↗
cited Cited as authority (rule) Town of Waverly Law Enforcement v. Owens
Va. Ct. App. · 2008 · confidence medium
The effect of the presumption is to eliminate the necessity for proof by the claimant of causal connection.’ ” (quoting Page v. City of Richmond, 218 Va. 844, 847 , 241 S.E.2d 775, 777 (1978))).
cited Cited as authority (rule) Town of Waverly Law Enforcemnet and v. Tommy James Owens
Va. Ct. App. · 2008 · confidence medium
The effect of the presumption is to eliminate the necessity for proof by the claimant of causal connection.’” (quoting Page v. City of Richmond, 218 Va. 844, 847 , 241 S.E.2d 775, 777 (1978))).
cited Cited as authority (rule) Devin M. Coffey, An Infant v. VA Birth-Rel. Neurolo
Va. Ct. App. · 2002 · confidence medium
Page v. City of Richmond, 218 Va. 844, 847-48 , 241 S.E.2d 775, 777 (1978).
cited Cited as authority (rule) Coffey v. Virginia Birth-Related Neurological Injury Compensation Program
Va. Ct. App. · 2002 · confidence medium
Page v. City of Richmond, 218 Va. 844, 847-48 , 241 S.E.2d 775, 777 (1978).
discussed Cited as authority (rule) Tazewell County Sheriff's Office v. Owens
Va. Ct. App. · 1999 · confidence medium
To rebut this presumption, “the employer must show, by a preponderance of the evidence, both that 1) the claimant’s disease was not caused by his employment, and 2) there was a non-work-related cause of the disease.” Bass v. City of Richmond Police Dep’t, ___ Va. ___, ___ S.E.2d ___ (June 11, 1999) (citing Fairfax County Fire & Rescue Servs. v. Newman, 222 Va. 535, 539 , 281 S.E.2d 897 , 899-900 (1981); Page v. City of Richmond, 218 Va. 844, 847-48 , 241 S.E.2d 775, 777 (1978)).
examined Cited as authority (rule) Bass v. City of Richmond Police Department (4×)
Va. · 1999 · confidence medium
APPLICATION OF THE STATUTORY PRESUMPTION In Code § 65.2-402(B), the legislature included “ [h]pertension or heart disease” among those diseases that “shall be presumed to be occupational diseases . . . unless such presumption is overcome by a preponderance of competent evidence to the contrary.” In Page v. City of Richmond, 218 Va. 844, 847 , 241 S.E.2d 775, 111 (1978), we explained that the purpose of the statutory presumption is to establish by law, in the absence of evidence, a causal connection between certain occupations and death or disability resulting from specified diseases.
discussed Cited as authority (rule) Augusta County Sheriff's Department v. Overbey
Va. · 1997 · confidence medium
In Page v. City of Richmond, 218 Va. 844, 847-48 , 241 S.E.2d 775, 777 (1978), this Court noted that in rebutting the presumption that heart disease is work related, the employer must adduce competent medical evidence of a non-work-related cause.
examined Cited as authority (rule) Thomas M. Galloway v. Commonwealth/State Police (3×) also: Cited "see, e.g."
Va. Ct. App. · 1996 · confidence medium
Page v. City of Richmond, 218 Va. 844, 847 , 241 S.E.2d 775, 777 (1978); City of Norfolk v. Lillard, 15 Va. App. 424, 426 , 424 S.E.2d 243, 244-45 (1992).
examined Cited as authority (rule) Duffy v. Com./Dept. of State Police (3×) also: Cited "see, e.g."
Va. Ct. App. · 1996 · confidence medium
Page v. City of Richmond, 218 Va. 844, 847 , 241 S.E.2d 775, 777 (1978); City of Norfolk v. Lillard, 15 Va.App. 424, 426 , 424 S.E.2d 243, 244-45 (1992).
examined Cited as authority (rule) Wesley James Hudson v. Commonwealth/State Police (3×) also: Cited "see, e.g."
Va. Ct. App. · 1996 · confidence medium
Page v. City of Richmond, 218 Va. 844, 847 , 241 S.E.2d 775, 777 (1978); City of Norfolk v. Lillard, 15 Va. App. 424, 426 , 424 S.E.2d 243, 244-45 (1992).
discussed Cited as authority (rule) Estate of Montgomery v. City of Portsmouth Police Department
Va. Ct. App. · 1987 · confidence medium
In order to successfully rebut the presumption, “the employer must adduce competent medical evidence of a non-work-related cause of the disabling disease.” Page v. City of Richmond, 218 Va. 844, 848 , 241 S.E.2d 775, 777 (1978); see also Doss v. Fairfax County Fire & Rescue Department, 229 Va. 440, 442 , 331 S.E.2d 795, 796 (1985); Cook v. Waynesboro Police Department, 225 Va. 23, 28, 300 S.E.2d 746, 748 (1983); Berry v. County of Henrico, 219 Va. at 265 , 247 S.E.2d at 392 .
cited Cited as authority (rule) Cunningham v. City of Manchester Fire Department
N.H. · 1987 · confidence medium
Page v. City of Richmond, 218 Va. 844, 847-48 , 241 S.E.2d 775, 777 (1978).
cited Cited as authority (rule) City of Waynesboro Sheriff's Department v. Harter
Va. Ct. App. · 1985 · confidence medium
Page v. City of Richmond, 218 Va. 844, 847 , 241 S.E.2d 775, 777 (1978).
cited Cited as authority (rule) Virginia Department of State Police v. Talbert
Va. Ct. App. · 1985 · confidence medium
Page v. City of Richmond, 218 Va. 844, 847-48 , 241 S.E.2d 775, 777 (1978).
cited Cited as authority (rule) Doss v. FAIRFAX CTY. FIRE AND RESCUE DEPT.
Va. · 1985 · confidence medium
Page v. City of Richmond, 218 Va. 844, 848 , 241 S.E.2d 775, 777 (1978).
cited Cited as authority (rule) Doss v. Fairfax County Fire & Rescue Department
Va. · 1985 · confidence medium
Page v. City of Richmond, 218 Va. 844, 848 , 241 S.E.2d 775, 777 (1978).
discussed Cited as authority (rule) Cook v. City of Waynesboro Police Department
Va. · 1983 · confidence medium
In this connection, we have held that “to rebut the statutory presumption the employer must adduce competent medical evidence of a non-work-related cause of the disabling disease . . . .” Page v. City of Richmond, 218 Va. 844, 848 , 241 S.E.2d 775, 777 (1978); see also Berry v. County of Henrico, 219 Va. 259, 265 , 247 S.E.2d 389, 392 (1978); Fairfax Fire Serv. v. Newman, 222 Va. 535, 539, 281 S.E.2d 897 , 900 (1981); Amherst County v. Brockman, 224 Va. 391, 398-399 , 297 S.E.2d 805 , 809 (1982).
discussed Cited as authority (rule) COUNTY OF AMHERST BD. OF SUP'RS v. Brockman
Va. · 1982 · confidence medium
We held in Page v. City of Richmond, 218 Va. 844, 847-48 , 241 S.E.2d 775, 777 (1978), that to rebut the presumption created by § 65.1-47.1 the employer must adduce competent medical evidence of a non-work-related cause of the disabling disease.
discussed Cited as authority (rule) County of Amherst Board of Supervisors v. Brockman
Va. · 1982 · confidence medium
We held in Page v. City of Richmond, 218 Va. 844, 847-48 , 241 S.E.2d 775, 777 (1978), that to rebut the presumption ere ated by § 65.1-47.1 the employer must adduce competent medical evidence of a non-work-related cause of the disabling disease.
discussed Cited as authority (rule) Berry v. County of Henrico
Va. · 1978 · confidence medium
In Page v. City of Richmond, 218 Va. 844, 848 , 241 S.E.2d 775, 777 (1978), decided while this case was pending on appeal, we held that “... the employer must adduce competent medical evidence of a non-work-related cause of the disabling disease...” in order to rebut the statutory presumption.
discussed Cited "see" County of Henrico & VA Association of Counties Group Self-Insurance Risk Pool v. Joan Cobb
Va. Ct. App. · 2018 · signal: see · confidence high
See Page v. City of Richmond, 218 Va. 844, 847-48 (1978). “[I]f the employer does not prove by a preponderance of the evidence both parts of this two-part test, the employer has failed to overcome the statutory presumption.” Bass, 258 Va. at 114 . -9- Determining whether the employer has met its burden is a question for the Commission, as fact-finder.
discussed Cited "see" Waynesboro Police v. Coffey (2×)
Va. Ct. App. · 2001 · signal: see · confidence high
See Page v. City of Richmond, 218 Va. 844, 847 , 241 S.E.2d 775, 777 (1978).
discussed Cited "see" Stephen Douglas Vass v. County of Henrico Police (2×)
Va. Ct. App. · 2001 · signal: see · confidence high
See Page v. City of Richmond, 218 Va. 844, 847 , 241 S.E.2d 775, 777 (1978). 4 Code § 65.2-402 "has long been recognized as a remedial statute, enacted by the legislature to overcome the difficulty 4 In Page the Supreme Court held: [T]he doctor not only failed to give his opinion as to the cause of [the employee's] disabling disease, but he also failed to state affirmatively that the evidence disproved any causal connection between the disease and [the employee's] occupation as a fire fighter. [The employer's doctor] merely reported that he had found no evidence of such a connection.
discussed Cited "see" Medlin v. County of Henrico Police (2×)
Va. Ct. App. · 2001 · signal: see · confidence high
See Page v. City of Richmond, 218 Va. 844, 847 , 241 S.E.2d 775, 777 (1978). 4 Code § 65.2-402 “has long been recognized as a remedial statute, enacted by the legislature to overcome the difficulty that a [police officer] would otherwise have in proving causation.” City of Norfolk v. Lillard, 15 Va.App. 424, 430 , 424 S.E.2d 243, 247 (1992).
examined Cited "see" City of Hopewell v. Tirpak (4×)
Va. Ct. App. · 1998 · signal: see · confidence high
Instead, the causation presumption shifts the evidentiary burden from the claimant to the employer to "overcome [the presumption] by a preponderance of competent evidence to the contrary." Code § 65.2-402(B); see Commonwealth, Dep't of State Police v. Hines, 221 Va. 626, 629-30 , 272 S.E.2d 210, 213 (1980) (citing Page v. City of Richmond, 218 Va. 844, 847 , 241 S.E.2d 775, 777 (1978)).
examined Cited "see" Fairfax County Fire & Rescue Department v. Mitchell (4×)
Va. Ct. App. · 1992 · signal: see · confidence high
See Page v. City of Richmond, 218 Va. 844, 848 , 241 S.E.2d 775, 777 (1978); Cook, 225 Va. at 28 , 300 S.E.2d at 748 .
discussed Cited "see" COM., DEPT. OF STATE POLICE v. Hines (2×)
Va. · 1980 · signal: see · confidence high
See Page v. City of Richmond, 218 Va. 844, 847 , 241 S.E.2d 775, 777 (1978).
discussed Cited "see, e.g." Garrison v. PRINCE WILLIAM CTY. BD. OF SUP'RS (2×)
Va. · 1980 · signal: see also · confidence low
See also Page v. City of Richmond, 218 Va. 844 , 241 S.E.2d 775 (1978), in which a claimant was found free of respiratory disease during a pre-employment examination in 1945, but found in 1976 to have a respiratory disease necessitating his retirement.
discussed Cited "see, e.g." Garrison v. PRINCE WILLIAM CTY. BD. OF SUP'RS (2×)
Va. · 1980 · signal: see also · confidence low
See also Page v. City of Richmond, 218 Va. 844 , 241 S.E.2d 775 (1978), in which a claimant was found free of respiratory disease during a pre-employment examination in 1945, but found in 1976 to have a respiratory disease necessitating his retirement.
discussed Cited "see, e.g." Garrison v. Prince William County Board of Supervisors (2×)
Va. · 1980 · signal: see also · confidence low
See also Page v. City of Richmond, 218 Va. 844 , 241 S.E.2d 775 (1978), in which a claimant was found free of respiratory disease during a pre-employment examination in 1945, but found in 1976 to have a respiratory disease necessitating his retirement.
Retrieving the full opinion text from the archive…
John R. Page
v.
City of Richmond
Record 770874.
Supreme Court of Virginia.
Mar 3, 1978.
241 S.E.2d 775
1978 Va. LEXIS 236
Michael S. Shelton (W.H.C. Venable; Cohen, Abeloff & Staples, on briefs), for appellant., Albert J. FitzPatrick, Assistant City Attorney, for appellee.
I'Anson, Carrico, Harrison, Cochran, Harman, Compton.
Cited by 37 opinions  |  Published
[*845] Cochran, J.,

delivered the opinion of the Court.

In this appeal the question for decision is whether the Industrial Commission erred in ruling that the presumption created by Code § 65.1-47.1 [1] had been refuted by competent medical evidence.

The facts have been stipulated. John R. Page was continuously employed by the City of Richmond as a fire fighter from October 16, 1945, until July 28, 1976. Prior to employment he had undergone a physical examination and was found to be free of respiratory disease. At the request of the City, he was examined by two physicians in August, 1976, was found to be disabled because of a respiratory disease, and was retired, effective July 28, 1976, for total disability at the age of 56. Page filed his claim for compensation under Code § 65.1-47.1, and a hearing was conducted, at which the City relied upon a report of Dr. Edward S. Ray, one of the examining physicians, which reads in part as follows:

“He states that he has suffered no severe respiratory symptoms while fighting fires but on several occasions suffered smoke inhalation that required oxygen therapy for a short period of time at the site of a fire. He has been a heavy cigarette smoker for 40 years.”
* * *
“It is my opinion that Mr. Page has a modest degree of emphysema that would limit his activity to moderate work. He also complains of dizziness on exertion. He may have coronary arterial disease. In view of his complaints and my examination I believe his condition is about normal for a man of 56 years of age. I also believe that because of his symptoms[*846] including dizziness on exertion he should, not be actively fighting fires. However, he certainly is able to do less strenuous work.”
* * *
“P.S. I found no evidence that his disability is related to his occupation as a fireman.”

Commissioner Joyner entered an order awárding Page total disability benefits for an occupational disease suffered in the line of duty. Upon review by the full Commission, however, a majority filed an opinion stating that the statutory presumption of causal connection had been refuted by competent medical evidence, and ordered that the award be set aside.

Page argues that the General Assembly, by enacting Code § 65.1-47.1, has determined that there is a causal connection between his occupation and his respiratory disease, and Dr. Ray’s opinion that he could find no such causal connection is insufficient to rebut the statutory presumption, in the absence of affirmative proof of a different cause of disability. He relies on the construction of similar statutes in Michigan and Wisconsin. Schave v. Department of State Police, 58 Mich. App. 178, 227 N.W.2d 278 (1975); Sperbeck v. Dept. of Industry, Labor & Human Rel., 46 Wis.2d 282, 174 N.W.2d 546 (1970).

In Schave, the claimant was a member of the Michigan State Police who suffered disability from heart disease. Under the applicable statute such disease was deemed to arise out of and in the course of employment “in the absence of evidence to the contrary.” 58 Mich. App. at 180, 227 N.W.2d at 280. Two doctors testified that it was impossible to say with any degree of certainty that the claimant’s heart disease either was or was not work-related. The Workmen’s Compensation Board denied recovery on the ground that the claimant was not entitled to the statutory presumption. On appeal, this ruling was reversed, the Michigan Court of Appeals holding that the presumptioh was applicable and could be rebutted only by evidence of non-work-related causation. Evidence of preexisting heart disease and medical evidence that the occupation had no effect on the weakened heart were held to be insufficient to rebut the presumption. The case was remanded for further proceedings consistent with the opinion.

[*847] In Sperbeck, a fireman employed by a Wisconsin municipality died at home of a heart attack. Wisconsin had a statute which provided that, where the disability of a fireman was found to be caused by heart or respiratory defect or disease, such finding was presumptive evidence that the defect or disease was caused by his employment. The municipality relied upon a medical expert who testified that in his opinion “beyond all reasonable doubt” the fireman’s occupation had no effect on his heart disease. 46 Wis.2d at 289, 174 N.W.2d at 549. The Department of Industry, Labor & Human Relations denied the application for compensation, but this action was reversed by the trial court. On appeal, the Supreme Court of Wisconsin affirmed the ruling of the trial court and held that the medical expert’s opinion, which did not affirmatively establish the cause of death, but merely attacked the rationale of the statutory presumption, was insufficient to rebut the presumption of causal connection.

In the present case, in spite of the fact that Page’s condition resulted in his mandatory retirement, Dr. Ray was of opinion that Page had “a modest degree” of emphysema, and perhaps had coronary arterial disease, but that his condition was “about normal” for a man of his age. However, the doctor not only failed to give his opinion as to the cause of Page’s disabling disease, but he also failed to state affirmatively that the evidence disproved any causal connection between the disease and Page’s occupation as a fire fighter. Dr. Ray merely reported that he had found no evidence of such a connection. We hold that this evidence is insufficient to rebut the statutory presumption upon which Page was entitled to rely.

The obvious purpose of the rebuttable presumption is to establish by law, in the absence of evidence, a causal connection between death or disability from certain diseases and the occupation of a fire fighter. The effect of the presumption is to eliminate the necessity for proof by the claimant of causal connection. Thus, Page had only to prove his occupation as a fireman and his disability from a respiratory disease to make a prima facie case. In the absence of evidence, the statutory presumption prevails and controls. The presumption shifts the burden of going forward with evidence from the claimant to his employer.

Even if the negative finding made by Dr. Ray of no evidence of causal connection is equated arguendo with an affirmative[*848] finding that there was no causal connection, the rebuttal evidence is still insufficient. We hold that to rebut the statutory presumption the employer must adduce competent medical evidence of a non-work-related cause of the disabling disease, and there is no such evidence in the record before us.

For the reasons assigned, the order of the Industrial Commission will be reversed, and the case remanded for a determination of the benefits to which Page is entitled.

Reve rued and remanded.

1

Code 8 65.1-47.1 reads in pertinent part as follows:

“Presumption as to death or disability from respiratory disease, hypertension or heart disease. — The death of, or any condition or impairment of health of, salaried or volunteer fire fighters caused by respiratory diseases, and the death of, or any condition or impairment of health of, salaried or volunteer fire fighters, . . . caused by hypertension or heart disease, resulting in total or partial disability shall be presumed to be an occupational disease suffered in the line of duty that is covered by this Act unless the contrary be shown by competent evidence; . . . .”