section 65.2-402 presumption (Virginia) · Go Syfert
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section 65.2-402 presumption in Virginia

19 Virginia opinions name it 2 courts 1997–2025 1 in the last five years

The cases below were cited by Virginia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (16)

CaseFollowedCited
Medlin v. County of Henrico Policegreen
vactapp · 2001 · cited in 4 Virginia opinions naming this issue, 2001–2018
2 sentences

2003Id. at 114, 515 S.E.2d at 563 . "[E]vidence that merely rebuts generally the underlying premise of the statute, which establishes a causal link between stress and heart disease, is not probative for purposes of overcoming the presumption [that the heart disease is occupational]." Medlin v. County of Henrico Police, 34 Va. App. 396, 407 , 542 S.E.2d 33, 39 (2001) [hereinafter Medlin I]. "[T]he employer can rebut the Code § 65.2-402 presumption without attacking the underlying legitimacy of the presumption itself," id. at 407 n.5, 542 S.E.2d at 39 n.5, but "the employer may not, in effect, 'repe

2003Id. at 114, 515 S.E.2d at 563 . "[E]vidence that merely rebuts generally the underlying premise of the statute, which establishes a causal link between stress and heart disease, is not probative for purposes of overcoming the presumption [that the heart disease is occupational]." Medlin v. County of Henrico Police, 34 Va. App. 396, 407 , 542 S.E.2d 33, 39 (2001) [hereinafter Medlin I]. "[T]he employer can rebut the Code § 65.2-402 presumption without attacking the underlying legitimacy of the presumption itself," id. at 407 n.5, 542 S.E.2d at 39 n.5, but "the employer may not, in effect, 'repe

44
Augusta County Sheriff's Department v. Overbeygreen
va · 1997 · cited in 5 Virginia opinions naming this issue, 1998–2001
2 sentences

2001Bass clarified the decision in Augusta County Sheriffs Department v. Overbey, 254 Va. 522 , 492 S.E.2d 631 (1997), and set out a two-prong test employers must meet to overcome the presumption of Code § 65.2-402.

2001Bass clarified the decision in Augusta County Sheriffs Department v. Overbey, 254 Va. 522 , 492 S.E.2d 631 (1997), and set out a two-prong test employers must meet to overcome the presumption of Code § 65.2-402.

35
Stephens v. Workmen's Compensation Appeals Boardgreen
calctapp · 1971 · cited in 3 Virginia opinions naming this issue, 2001–2003
2 sentences

2003Appeals Bd., 20 Cal. App. 3d 461, 467 (Cal. Ct. App. 1971)).

2001See, e.g., Stephens, 20 Cal.App.3d at 468 , 97 Cal.Rptr. 713 ; Linnell, 305 N.W.2d at 601 ; Worden v. County of Houston, 356 N.W.2d 693, 695 (Minn.1984). 6 .

33
Bass v. City of Richmond Police Departmentgreen
va · 1999 · cited in 5 Virginia opinions naming this issue, 1999–2012
2 sentences

2012To overcome Code § 65.2-402(B)’s presumption, an 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 -6- was a non-work-related cause of the disease.” Id. at 114, 515 S.E.2d at 562-63 .

2003Id. at 114, 515 S.E.2d at 563 . "[E]vidence that merely rebuts generally the underlying premise of the statute, which establishes a causal link between stress and heart disease, is not probative for purposes of overcoming the presumption [that the heart disease is occupational]." Medlin v. County of Henrico Police, 34 Va. App. 396, 407 , 542 S.E.2d 33, 39 (2001) [hereinafter Medlin I]. "[T]he employer can rebut the Code § 65.2-402 presumption without attacking the underlying legitimacy of the presumption itself," id. at 407 n.5, 542 S.E.2d at 39 n.5, but "the employer may not, in effect, 'repe

25
City of Norfolk v. Lillardgreen
vactapp · 1992 · cited in 3 Virginia opinions naming this issue, 1999–2025
2 sentences

2025“Thus, in order to establish the relevant prima facie case necessary to secure the benefit of the presumption in Code § 65.2-402(A), a claimant must prove his occupation as a firefighter and his [death] from a respiratory disease.” Tomes v. James City Fire, 39 Va. App. 424, 431 (2002) (citing Lillard, 15 Va. App. at 427 ).

1999See Lillard, 15 Va.App. at 429 , 424 S.E.2d at 246 . *556 To rebut the presumption of Code § 65.2-402(B), employer was required to produce affirmative evidence of a non-work-related cause of claimant’s orthostatic hypotension.

23
Tomes v. James City (County Of) Firegreen
vactapp · 2002 · cited in 2 Virginia opinions naming this issue, 2015–2025
2 sentences

2025“Thus, in order to establish the relevant prima facie case necessary to secure the benefit of the presumption in Code § 65.2-402(A), a claimant must prove his occupation as a firefighter and his [death] from a respiratory disease.” Tomes v. James City Fire, 39 Va. App. 424, 431 (2002) (citing Lillard, 15 Va. App. at 427 ).

2015See Tomes v. James City Fire, 39 Va.App. 424, 431-32 , 573 S.E.2d 312, 316 (2002) (applying Code § 65.2402(A)). “ ‘Disability from a disease has been defined as the stage when the disease prevents the employee from performing his work efficiently.’ ” Id. (quoting Salyer v. Clinchfield Coal Corp., 191 Va. 331, 338 , 61 S.E.2d 16, 20 (1950)).

22
COM./DEPT. OF STATE POLICE v. Hagagreen
vactapp · 1994 · cited in 1 Virginia opinions naming this issue, 2025–2025
1 sentence

2025Commonwealth v. Haga, 18 Va. App. 162, 166-67 (1994).

11
Byrd v. Stonega Coke & Coal Co.green
va · 1944 · cited in 1 Virginia opinions naming this issue, 2025–2025
1 sentence

2025A claimant under the Workers’ Compensation Act “should not be required to establish [her claim] . . . beyond all reasonable doubt.” Byrd v. Stonega Coke & Coal Co., 182 Va. 212, 221 (1944).

11
Cary O'Donoghue v. United Continental Holdings, Inc. and United Airlines, Inc.green
vactapp · 2019 · cited in 1 Virginia opinions naming this issue, 2025–2025
1 sentence

2025See Rule 5A:1(f). 6 Hughes also informs us that “[t]he record contains ample evidence of both lung cancer and other respiratory disease, either of which would entitle h[er] to application of the presumption under Code § 65.2-402.” Relying on the dissenting opinion in O’Donoghue v. United Continental Holdings, Inc., 70 Va. App. 95, 113 (2019) (Huff, J., dissenting), she argues that we could order relief on either basis, on the ground that Hughes should be able to recover as long as any of the possible mechanisms of David’s death are compensable.

11
Larry George Snellings v. Stafford County Fire and Rescue Departmentgreen
vactapp · 2013 · cited in 1 Virginia opinions naming this issue, 2020–2020
1 sentence

2020Fire and Rescue Dep’t, 62 Va. App. 568, 572 (2013).

11
Fairfax County Fire & Rescue Department v. Mitchellgreen
vactapp · 1992 · cited in 1 Virginia opinions naming this issue, 2018–2018
1 sentence

2018Fire & Rescue Dep’t v. Mitchell, 14 Va. App. 1033, 1035 (1992). -6- Employer does not contest that claimant was employed as a deputy sheriff and therefore was in the class of employees entitled to the presumption in Code § 65.2-402(B).

11
Salyer v. Clinchfield Coal Corp.green
va · 1950 · cited in 1 Virginia opinions naming this issue, 2015–2015
2 sentences

2015See Tomes v. James City Fire, 39 Va.App. 424, 431-32 , 573 S.E.2d 312, 316 (2002) (applying Code § 65.2402(A)). “ ‘Disability from a disease has been defined as the stage when the disease prevents the employee from performing his work efficiently.’ ” Id. (quoting Salyer v. Clinchfield Coal Corp., 191 Va. 331, 338 , 61 S.E.2d 16, 20 (1950)).

2015See Tomes v. James City Fire, 39 Va.App. 424, 431-32 , 573 S.E.2d 312, 316 (2002) (applying Code § 65.2402(A)). “ ‘Disability from a disease has been defined as the stage when the disease prevents the employee from performing his work efficiently.’ ” Id. (quoting Salyer v. Clinchfield Coal Corp., 191 Va. 331, 338 , 61 S.E.2d 16, 20 (1950)).

11
Worden v. County of Houstongreen
minn · 1984 · cited in 1 Virginia opinions naming this issue, 2001–2001
1 sentence

2001See, e.g., Stephens, 20 Cal.App.3d at 468 , 97 Cal.Rptr. 713 ; Linnell, 305 N.W.2d at 601 ; Worden v. County of Houston, 356 N.W.2d 693, 695 (Minn.1984). 6 .

11
Doss v. Fairfax County Fire & Rescue Departmentgreen
va · 1985 · cited in 1 Virginia opinions naming this issue, 1998–1998
2 sentences

1998"Code § 65.2-402(B) requires [employer] to establish a non-work-related cause for [Emerson's] heart condition and that job stress was not the cause." Overbey, 254 Va. at 526 , 492 S.E.2d at 633 . "[I]n order to overcome the statutory presumption, the employer merely 'must adduce competent medical evidence of a non-work-related cause of the disabling disease.'" Id. at 527 , 492 S.E.2d at 634 (quoting Doss v. Fairfax County Fire & Rescue Dept., 229 Va. 440, 442 , 331 S.E.2d 795, 796 (1985)).

1998"Code § 65.2-402(B) requires [employer] to establish a non-work-related cause for [Emerson's] heart condition and that job stress was not the cause." Overbey, 254 Va. at 526 , 492 S.E.2d at 633 . "[I]n order to overcome the statutory presumption, the employer merely 'must adduce competent medical evidence of a non-work-related cause of the disabling disease.'" Id. at 527 , 492 S.E.2d at 634 (quoting Doss v. Fairfax County Fire & Rescue Dept., 229 Va. 440, 442 , 331 S.E.2d 795, 796 (1985)).

11
Martin v. Phillipsgreen
va · 1988 · cited in 1 Virginia opinions naming this issue, 1997–1997
2 sentences

1997“A presumption is a rule of law that compels the fact finder to draw a certain conclusion ... from a given set of facts.” Martin v. Phillips, 235 Va. 523, 526 , 369 S.E.2d 397, 399 (1988) (citing Simpson v. Simpson, 162 Va. 621, 641-42 , 175 S.E. 320, 329 (1934)).

1997“A presumption is a rule of law that compels the fact finder to draw a certain conclusion ... from a given set of facts.” Martin v. Phillips, 235 Va. 523, 526 , 369 S.E.2d 397, 399 (1988) (citing Simpson v. Simpson, 162 Va. 621, 641-42 , 175 S.E. 320, 329 (1934)).

11
Simpson v. Simpsongreen
va · 1934 · cited in 1 Virginia opinions naming this issue, 1997–1997
2 sentences

1997“A presumption is a rule of law that compels the fact finder to draw a certain conclusion ... from a given set of facts.” Martin v. Phillips, 235 Va. 523, 526 , 369 S.E.2d 397, 399 (1988) (citing Simpson v. Simpson, 162 Va. 621, 641-42 , 175 S.E. 320, 329 (1934)).

1997“A presumption is a rule of law that compels the fact finder to draw a certain conclusion ... from a given set of facts.” Martin v. Phillips, 235 Va. 523, 526 , 369 S.E.2d 397, 399 (1988) (citing Simpson v. Simpson, 162 Va. 621, 641-42 , 175 S.E. 320, 329 (1934)).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Virginia. Read the followed side critically anyway.

Also cited on this issue (6)

CaseCitedYears
Fairfax County Fire & Rescue Services v. Newman green
va · 1981
2 sentences

2001Although irrebuttable presumptions are unconstitutional, Newman, 222 Va. at 540 , 281 S.E.2d at 900 , the employer can rebut the Code § 65.2-402 presumption without attacking the underlying legitimacy of the presumption itself.

2001Although irrebuttable presumptions are unconstitutional, Newman, 222 Va. at 540 , 281 S.E.2d at 900 , the employer can rebut the Code § 65.2-402 presumption without attacking the underlying legitimacy of the presumption itself.

32001–2001
COM., OFFICE OF COMPTROLLER v. Barker green
va · 2008
1 sentence

2018Barker, 275 Va. at 541-45 .

12018–2018
Wagner Enterprises, Inc. v. Brooks green
vactapp · 1991
2 sentences

2015Although Samartino points to many facts in the record that may suggest he was disabled by his illness, “[t]he fact that there is contrary evidence in the record is of no consequence if there is credible evidence to support the [c]ommission’s finding.” Wagner Enters., 12 Va.App. at 894 , 407 S.E.2d at 35 .

2015Although Samartino points to many facts in the record that may suggest he was disabled by his illness, “[t]he fact that there is contrary evidence in the record is of no consequence if there is credible evidence to support the [c]ommission’s finding.” Wagner Enters., 12 Va.App. at 894 , 407 S.E.2d at 35 .

12015–2015
United Parcel Service, Inc. and Liberty Insurance Corporation v. Kirk v. Prince green
vactapp · 2014
2 sentences

2015Similarly, Dr. Whitworth’s indication that he could not exclude claimant’s exposures to carcinogens as “contributing risk factors” in the development of his prostate cancer falls short of constituting evidence that claimant’s exposures were “suspected to cause” or were “the cause” of 3 Although the commission’s “decisions are not binding authority on this Court,” UPS v. Prince, 63 Va. App. 702 , 709 n.2, 762 S.E.2d 800 , 803 n.2 (2014), such decisions can serve as persuasive authority. -9- his prostate cancer.

2015Similarly, Dr. Whitworth’s indication that he could not exclude claimant’s exposures to carcinogens as “contributing risk factors” in the development of his prostate cancer falls short of constituting evidence that claimant’s exposures were “suspected to cause” or were “the cause” of 3 Although the commission’s “decisions are not binding authority on this Court,” UPS v. Prince, 63 Va. App. 702 , 709 n.2, 762 S.E.2d 800 , 803 n.2 (2014), such decisions can serve as persuasive authority. -9- his prostate cancer.

12015–2015
Linnell v. City of St. Louis Park green
minn · 1981
1 sentence

2001See, e.g., Stephens, 20 Cal.App.3d at 468 , 97 Cal.Rptr. 713 ; Linnell, 305 N.W.2d at 601 ; Worden v. County of Houston, 356 N.W.2d 693, 695 (Minn.1984). 6 .

12001–2001
Stenrich Group v. Jemmott green
va · 1996
2 sentences

1998In its statement of the applicable law, the commission stated that “[t]he employer fails to rebut the presumption [of Code § 65.2-402(B) ] where a work related factor such as occupational stress is not excluded.” The commission also concluded that claimant’s claim was not barred by Stenrich Group v. Jemmott, 251 Va. 186 , 467 S.E.2d 795 (1996), and its progeny.

1998In its statement of the applicable law, the commission stated that “[t]he employer fails to rebut the presumption [of Code § 65.2-402(B) ] where a work related factor such as occupational stress is not excluded.” The commission also concluded that claimant’s claim was not barred by Stenrich Group v. Jemmott, 251 Va. 186 , 467 S.E.2d 795 (1996), and its progeny.

11998–1998

Statutes the citing opinions construe

VA § Va. Code Ann. § 65.2-402 (19) VA § Va. Code Ann. § 65.2-401 (6) VA § Va. Code Ann. § 65.2-706 (6) VA § Va. Code Ann. § 17.1-413 (5) VA § Va. Code Ann. § 65.2-101 (4) VA § Va. Code Ann. § 65.2-400 (4) VA § Va. Code Ann. § 65.2-406 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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