section 65.2-400 occupational disease (Virginia) · Go Syfert
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section 65.2-400 occupational disease in Virginia

10 Virginia opinions name it 2 courts 1994–2018 0 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 (11)

CaseFollowedCited
Fairfax County Fire & Rescue Department v. Mottramgreen
va · 2002 · cited in 2 Virginia opinions naming this issue, 2004–2018
2 sentences

2018Cf. Mottram, 263 Va. at 375, 559 S.E.2d at 703 (concluding that claimant’s PTSD was an occupational disease under Code § 65.2-400 as a matter of law on appeal when there was no evidence in the record that claimant was exposed to traumatic events outside his employment). - 11 -

2018Cf. Mottram, 263 Va. at 375, 559 S.E.2d at 703 (concluding that claimant’s PTSD was an occupational disease under Code § 65.2-400 as a matter of law on appeal when there was no evidence in the record that claimant was exposed to traumatic events outside his employment). - 11 -

22
T. Brooks Mims & Travelers Insurance v. McCoygreen
va · 1978 · cited in 2 Virginia opinions naming this issue, 2002–2002
2 sentences

2002See Mims v. McCoy, 219 Va. 616, 618 , 248 S.E.2d 817, 818 (1978) (where the evidence was not in conflict, whether an individual was a covered employee entitled to workers’ compensation benefits was a question of law for the court).

2002See Mims v. McCoy, 219 Va. 616, 618 , 248 S.E.2d 817, 818 (1978) (where the evidence was not in conflict, whether an individual was a covered employee entitled to workers’ compensation benefits was a question of law for the court).

22
Piedmont Manufacturing Co. v. Eastgreen
vactapp · 1993 · cited in 2 Virginia opinions naming this issue, 1995–1996
2 sentences

1995This argument is without merit because the commission correctly concluded that Miller's carpal tunnel syndrome constituted a compensable occupational disease under the requirements of Code § 65.2-400, rather than an ordinary disease of life. 3 438 S.E.2d at 774 (quoting Breeding, 6 Va. App. at 9-10 , 365 S.E.2d at 787 ). "'The diagnosis need not contain precise medical terminology as long as the diagnosis is definite and informs the claimant in clear and understandable language that he or she is suffering from a disease that arises out of and in the course of employment.'" Piedmont, 17 Va. App

1995This argument is without merit because the commission correctly concluded that Miller's carpal tunnel syndrome constituted a compensable occupational disease under the requirements of Code § 65.2-400, rather than an ordinary disease of life. 3 438 S.E.2d at 774 (quoting Breeding, 6 Va. App. at 9-10 , 365 S.E.2d at 787 ). "'The diagnosis need not contain precise medical terminology as long as the diagnosis is definite and informs the claimant in clear and understandable language that he or she is suffering from a disease that arises out of and in the course of employment.'" Piedmont, 17 Va. App

12
Lee County School Board v. Millergreen
vactapp · 2002 · cited in 1 Virginia opinions naming this issue, 2005–2005
2 sentences

2005Bd. v. Miller, 38 Va.App. 253, 260-61 , 563 S.E.2d 374, 377-78 (2002) (noting physician’s express statement of causation not required to permit commission to find necessary “direct causal connection” between work and occupational disease under Code § 65.2-400 (emphasis added)), the medical and other evidence as a whole, viewed in the light most favorable to claimant, supported the commission’s con elusion that the requisite “direct” causal connection existed.

2005Bd. v. Miller, 38 Va.App. 253, 260-61 , 563 S.E.2d 374, 377-78 (2002) (noting physician’s express statement of causation not required to permit commission to find necessary “direct causal connection” between work and occupational disease under Code § 65.2-400 (emphasis added)), the medical and other evidence as a whole, viewed in the light most favorable to claimant, supported the commission’s con elusion that the requisite “direct” causal connection existed.

11
Yellow Freight Systems, Inc. v. Robinsongreen
vactapp · 2002 · cited in 1 Virginia opinions naming this issue, 2005–2005
2 sentences

2005Cf. Robinson, 37 Va.App. at 439-43 , 559 S.E.2d at 382-84 (decided three years after Amoco Foam Prods, and, although not discussing impact of decision, holding doctrine of compensable consequences provided coverage where increased stress and anxiety caused by compensable physical injury aggravated pre-existing depression and rendered claimant totally disabled).

2005Cf. Robinson, 37 Va.App. at 439-43 , 559 S.E.2d at 382-84 (decided three years after Amoco Foam Prods, and, although not discussing impact of decision, holding doctrine of compensable consequences provided coverage where increased stress and anxiety caused by compensable physical injury aggravated pre-existing depression and rendered claimant totally disabled).

11
Knott v. Blue Bell, Inc.green
vactapp · 1988 · cited in 1 Virginia opinions naming this issue, 2004–2004
2 sentences

2004CREDIBLE EVIDENCE THAT DISEASE WAS OCCUPATIONAL DISEASE RATHER THAN NON-COMPENSABLE ORDINARY DISEASE OF LIFE For a condition that qualifies as a disease under the Act to be compensable, a claimant “must show either that [the disease] is an occupational disease under the provisions of Code § 65.2-400 or that it is an ordinary disease of life that may be treated as an occupational disease pursuant to Code § 65.2-401.” Mottram, 263 Va. at 373-74, 559 S.E.2d at 702. “[T]he question whether a condition or disease is an ordinary disease of life [or an occupational disease] is essentially a medical i

2004CREDIBLE EVIDENCE THAT DISEASE WAS OCCUPATIONAL DISEASE RATHER THAN NON-COMPENSABLE ORDINARY DISEASE OF LIFE For a condition that qualifies as a disease under the Act to be compensable, a claimant “must show either that [the disease] is an occupational disease under the provisions of Code § 65.2-400 or that it is an ordinary disease of life that may be treated as an occupational disease pursuant to Code § 65.2-401.” Mottram, 263 Va. at 373-74, 559 S.E.2d at 702. “[T]he question whether a condition or disease is an ordinary disease of life [or an occupational disease] is essentially a medical i

11
County of Chesterfield v. Johnsongreen
va · 1989 · cited in 1 Virginia opinions naming this issue, 2000–2000
2 sentences

2000The causative danger must be peculiar to the work, incidental to the character of the business, and not independent of the master-servant relationship.'" County of 2 The commission affirmed the deputy commissioner's conclusion that claimant's back injury was not a compensable occupational disease under Code § 65.2-400. - 5 - Chesterfield v. Johnson, 237 Va. 180, 183-84 , 376 S.E.2d 73, 75 (1989) (quoting United Parcel Serv. v. Fetterman, 230 Va. 257, 258-59 , 336 S.E.2d 892, 893 (1985)).

2000The causative danger must be peculiar to the work, incidental to the character of the business, and not independent of the master-servant relationship.'" County of 2 The commission affirmed the deputy commissioner's conclusion that claimant's back injury was not a compensable occupational disease under Code § 65.2-400. - 5 - Chesterfield v. Johnson, 237 Va. 180, 183-84 , 376 S.E.2d 73, 75 (1989) (quoting United Parcel Serv. v. Fetterman, 230 Va. 257, 258-59 , 336 S.E.2d 892, 893 (1985)).

11
United Parcel Service of America v. Fettermangreen
va · 1985 · cited in 1 Virginia opinions naming this issue, 2000–2000
2 sentences

2000The causative danger must be peculiar to the work, incidental to the character of the business, and not independent of the master-servant relationship.'" County of 2 The commission affirmed the deputy commissioner's conclusion that claimant's back injury was not a compensable occupational disease under Code § 65.2-400. - 5 - Chesterfield v. Johnson, 237 Va. 180, 183-84 , 376 S.E.2d 73, 75 (1989) (quoting United Parcel Serv. v. Fetterman, 230 Va. 257, 258-59 , 336 S.E.2d 892, 893 (1985)).

2000The causative danger must be peculiar to the work, incidental to the character of the business, and not independent of the master-servant relationship.'" County of 2 The commission affirmed the deputy commissioner's conclusion that claimant's back injury was not a compensable occupational disease under Code § 65.2-400. - 5 - Chesterfield v. Johnson, 237 Va. 180, 183-84 , 376 S.E.2d 73, 75 (1989) (quoting United Parcel Serv. v. Fetterman, 230 Va. 257, 258-59 , 336 S.E.2d 892, 893 (1985)).

11
Perdue Farms, Inc. v. McCutchangreen
vactapp · 1995 · cited in 1 Virginia opinions naming this issue, 1996–1996
2 sentences

1996Perdue Farms, 21 Va.App. at 69 , 461 S.E.2d at 433 (CTS); Piedmont, 17 Va.App. at 504 , 438 S.E.2d at 772 (de Quervain’s); The Greif Companies v. Sipe, 16 Va.App. 709, 714 , 434 S.E.2d 314, 317 (1993) (tendinitis).

1996Perdue Farms, 21 Va.App. at 69 , 461 S.E.2d at 433 (CTS); Piedmont, 17 Va.App. at 504 , 438 S.E.2d at 772 (de Quervain’s); The Greif Companies v. Sipe, 16 Va.App. 709, 714 , 434 S.E.2d 314, 317 (1993) (tendinitis).

11
Greif Companies (GENESCO) v. Sipegreen
vactapp · 1993 · cited in 1 Virginia opinions naming this issue, 1996–1996
2 sentences

1996Perdue Farms, 21 Va.App. at 69 , 461 S.E.2d at 433 (CTS); Piedmont, 17 Va.App. at 504 , 438 S.E.2d at 772 (de Quervain’s); The Greif Companies v. Sipe, 16 Va.App. 709, 714 , 434 S.E.2d 314, 317 (1993) (tendinitis).

1996Perdue Farms, 21 Va.App. at 69 , 461 S.E.2d at 433 (CTS); Piedmont, 17 Va.App. at 504 , 438 S.E.2d at 772 (de Quervain’s); The Greif Companies v. Sipe, 16 Va.App. 709, 714 , 434 S.E.2d 314, 317 (1993) (tendinitis).

11
Via v. Citicorp Mortgage, Inc.green
vactapp · 1990 · cited in 1 Virginia opinions naming this issue, 1995–1995
2 sentences

1995This argument is without merit because the commission correctly concluded that Miller's carpal tunnel syndrome constituted a compensable occupational disease under the requirements of Code § 65.2-400, rather than an ordinary disease of life. 3 438 S.E.2d at 774 (quoting Breeding, 6 Va. App. at 9-10 , 365 S.E.2d at 787 ). "'The diagnosis need not contain precise medical terminology as long as the diagnosis is definite and informs the claimant in clear and understandable language that he or she is suffering from a disease that arises out of and in the course of employment.'" Piedmont, 17 Va. App

1995This argument is without merit because the commission correctly concluded that Miller's carpal tunnel syndrome constituted a compensable occupational disease under the requirements of Code § 65.2-400, rather than an ordinary disease of life. 3 438 S.E.2d at 774 (quoting Breeding, 6 Va. App. at 9-10 , 365 S.E.2d at 787 ). "'The diagnosis need not contain precise medical terminology as long as the diagnosis is definite and informs the claimant in clear and understandable language that he or she is suffering from a disease that arises out of and in the course of employment.'" Piedmont, 17 Va. App

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 (5)

CaseCitedYears
Merillat Industries, Inc. v. Parks green
va · 1993
2 sentences

1994The sole issue on appeal is whether George’s carpal tunnel syndrome is a disease within the meaning of Code § 65.2-400 and the holding of Merillat Industries, Inc. v. Parks, 246 Va. 429 , 436 S.E.2d 600 (1993).

1994The sole issue on appeal is whether George’s carpal tunnel syndrome is a disease within the meaning of Code § 65.2-400 and the holding of Merillat Industries, Inc. v. Parks, 246 Va. 429 , 436 S.E.2d 600 (1993).

21994–1995
Mottram v. Fairfax County Fire & Rescue green
vactapp · 2001
2 sentences

2004Because the medical evidence in Mottram “emphasized that Mottram’s PTSD was ‘intimately related to his service-connected activities’” and the record contained “no evidence that Mottram was exposed to traumatic events outside his employment,” the Court “conclude[d], as a matter of law, that Mottram’s PTSD [was] an occupational disease under Code § 65.2-400.” In doing so, the Court rejected our conclusion that Mottram’s condition was an ordinary disease of life “[b]ecause PTSD is a condition that may develop from the general stresses of life and is not necessarily tied to occupational stress.” M

2004Because the medical evidence in Mottram “emphasized that Mottram’s PTSD was ‘intimately related to his service-connected activities’” and the record contained “no evidence that Mottram was exposed to traumatic events outside his employment,” the Court “conclude[d], as a matter of law, that Mottram’s PTSD [was] an occupational disease under Code § 65.2-400.” In doing so, the Court rejected our conclusion that Mottram’s condition was an ordinary disease of life “[b]ecause PTSD is a condition that may develop from the general stresses of life and is not necessarily tied to occupational stress.” M

12004–2004
Western Electric Co. v. Gilliam green
va · 1985
2 sentences

1995Regrettably, from the briefs and oral argument in these cases I must conclude that the general issue is the subject of considerable inconsistency, if not total confusion. *437 In Holly Farms v. Yancey, 228 Va. 337 , 321 S.E.2d 298 (1984), Western Electric Co. v. Gilliam, 229 Va. 245 , 329 S.E.2d 13 (1985), [1] and finally in Merillat, the Supreme Court declined to cite with approval a definitive and comprehensive definition of "disease" applicable to these Code sections.

1995Regrettably, from the briefs and oral argument in these cases I must conclude that the general issue is the subject of considerable inconsistency, if not total confusion. *437 In Holly Farms v. Yancey, 228 Va. 337 , 321 S.E.2d 298 (1984), Western Electric Co. v. Gilliam, 229 Va. 245 , 329 S.E.2d 13 (1985), [1] and finally in Merillat, the Supreme Court declined to cite with approval a definitive and comprehensive definition of "disease" applicable to these Code sections.

11995–1995
Holly Farms/Federal Co. v. Yancey green
va · 1984
2 sentences

1995Regrettably, from the briefs and oral argument in these cases I must conclude that the general issue is the subject of considerable inconsistency, if not total confusion. *437 In Holly Farms v. Yancey, 228 Va. 337 , 321 S.E.2d 298 (1984), Western Electric Co. v. Gilliam, 229 Va. 245 , 329 S.E.2d 13 (1985), [1] and finally in Merillat, the Supreme Court declined to cite with approval a definitive and comprehensive definition of "disease" applicable to these Code sections.

1995Regrettably, from the briefs and oral argument in these cases I must conclude that the general issue is the subject of considerable inconsistency, if not total confusion. *437 In Holly Farms v. Yancey, 228 Va. 337 , 321 S.E.2d 298 (1984), Western Electric Co. v. Gilliam, 229 Va. 245 , 329 S.E.2d 13 (1985), [1] and finally in Merillat, the Supreme Court declined to cite with approval a definitive and comprehensive definition of "disease" applicable to these Code sections.

11995–1995
Island Creek Coal Co. v. Breeding green
vactapp · 1988
2 sentences

1995This argument is without merit because the commission correctly concluded that Miller's carpal tunnel syndrome constituted a compensable occupational disease under the requirements of Code § 65.2-400, rather than an ordinary disease of life. 3 438 S.E.2d at 774 (quoting Breeding, 6 Va. App. at 9-10 , 365 S.E.2d at 787 ). "'The diagnosis need not contain precise medical terminology as long as the diagnosis is definite and informs the claimant in clear and understandable language that he or she is suffering from a disease that arises out of and in the course of employment.'" Piedmont, 17 Va. App

1995This argument is without merit because the commission correctly concluded that Miller's carpal tunnel syndrome constituted a compensable occupational disease under the requirements of Code § 65.2-400, rather than an ordinary disease of life. 3 438 S.E.2d at 774 (quoting Breeding, 6 Va. App. at 9-10 , 365 S.E.2d at 787 ). "'The diagnosis need not contain precise medical terminology as long as the diagnosis is definite and informs the claimant in clear and understandable language that he or she is suffering from a disease that arises out of and in the course of employment.'" Piedmont, 17 Va. App

11995–1995

Statutes the citing opinions construe

VA § Va. Code Ann. § 65.2-400 (10) VA § Va. Code Ann. § 65.2-401 (7) VA § Va. Code Ann. § 17.1-413 (3)

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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