Virginia Code

Va. Code Ann. § 65.2-401 (2026)

"Ordinary disease of life" coverage

✓ current as of May 2026

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An ordinary disease of life to which the general public is exposed outside of the employment may be treated as an occupational disease for purposes of this title if each of the following elements is established by clear and convincing evidence, (not a mere probability):

1. That the disease exists and arose out of and in the course of employment as provided in § 65.2-400 with respect to occupational diseases and did not result from causes outside of the employment, and

2. That one of the following exists:

a. It follows as an incident of occupational disease as defined in this title; or

b. It is an infectious or contagious disease contracted in the course of one's employment in a hospital or sanitarium or laboratory or nursing home as defined in § 32.1-123, or while otherwise engaged in the direct delivery of health care, or in the course of employment as emergency rescue personnel and those volunteer emergency rescue personnel referred to in § 65.2-101; or

c. It is characteristic of the employment and was caused by conditions peculiar to such employment.

1986, c. 378, § 65.1-46.1; 1989, c. 502; 1991, c. 355; 1997, cc. 15, 405.

Notes of Decisions

Cited in 97 cases (3 in the last 5 years), 1992–2026 · leading case: Lee Cnty. Sch. Bd. v. Miller, 563 S.E.2d 374 (Va. Ct. App. 2002).

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Lee Cnty. Sch. Bd. v. Miller, 563 S.E.2d 374 (Va. Ct. App. 2002). · cites it 66× “On appeal, employer contends claimant failed to prove by clear and convincing evidence that her carpal tunnel syndrome (CTS) was a compensable disease under Code § 65.2-401 because the medical evidence failed to provide a sufficient causal link between claimant's CTS and her…”

Steadman v. Liberty Fabrics, Inc., 589 S.E.2d 465 (Va. Ct. App. 2003). · cites it 24× “The commission held that claimant failed to prove by clear and convincing evidence that her carpal tunnel syndrome (“CTS”) was not caused by activities outside of employment as required by Code § 65.2-401. For the following reasons, we affirm the commission’s decision.”

Commonwealth v. Bakke, 620 S.E.2d 107 (Va. Ct. App. 2005). · cites it 16× “little weight" to the opinion of the other physician in resolving the claim under Code § 65.2-401. Id. at 786, 492 S.E.2d at 512 .”

Ogden Aviation Servs. v. Saghy, 526 S.E.2d 756 (Va. Ct. App. 2000). · cites it 17× “2-101 or a compensable “ordinary disease of life” under Code § 65.2-401, depending upon the cause and how the condition develops.”

Marcus v. Arlington Cnty. Bd. of Supervisors, 425 S.E.2d 525 (Va. Ct. App. 1993). · cites it 12× “2-400 because of the possibility of substantial exposure outside of employment may still be compensable” *549 under Code § 65.2-401 (formerly Code § 65.1-46.”

Perdue Farms, Inc. v. McCutchan, 461 S.E.2d 431 (Va. Ct. App. 1995). · cites it 12× “McCutchan's carpal tunnel syndrome (CTS) is a disease, (2) in holding that Code § 65.2-401 pertaining to ordinary diseases of life does not apply, and (3) in holding that Ms.”

Artis v. Ottenberg's Bakers, Inc., 608 S.E.2d 512 (Va. Ct. App. 2005). · cites it 4× “He sought benefits, contending that his [post-traumatic stress disorder] was an occupational disease.”

Lanning v. Virginia Dep't of Transp., 561 S.E.2d 33 (Va. Ct. App. 2002). · cites it 9× “For an ordinary disease of life to be compensable, a claimant must prove by “clear and convincing evidence, (not mere probability)” that the disease (1) arose out of and in the course of his employment, (2) did not result from causes outside of the employment, and (3) follows as…”

Holly Farms Foods, Inc. v. Carter, 422 S.E.2d 165 (Va. Ct. App. 1992). · cites it 10× “1 (now Code § 65.2-401). 2 Code § 65.1-46.1 (now Code § 65.”

Piedmont Mfg. Co. v. East, 438 S.E.2d 769 (Va. Ct. App. 1993). · cites it 8× “The commission considered claimant’s condition an ordinary disease of life pursuant to Code § 65.2-401, and found that claimant’s evidence was sufficient to meet the requirements of Code §§ 65.”

Lindenfeld v. City of Richmond Sheriff's Off., 492 S.E.2d 506 (Va. Ct. App. 1997). · cites it 18× “The commission found that claimant’s tuberculosis was an ordinary disease of life and analyzed his claim under Code § 65.2-401. The commission then found that claimant had not proven by clear and convincing evidence that his tuberculosis was caused by his employment at the jail.”

Allied Fibers v. Rhodes, 474 S.E.2d 829 (Va. Ct. App. 1996). · cites it 18× “ute of limitations, that the commission erred by remanding the case to the deputy commissioner to take additional evidence on whether Rhodes' hearing loss is a disease, and that the record does not establish "[b]y clear and convincing evidence, to a reasonable degree of medical…”

Show all 97 citing cases →

— Va. Code Ann. § 65.2-401(1) — 8 cases

Lee Cnty. Sch. Bd. v. Miller, 563 S.E.2d 374 (Va. Ct. App. 2002). “On appeal, employer contends claimant failed to prove by clear and convincing evidence that her carpal tunnel syndrome (CTS) was a compensable disease under Code § 65.2-401 because the medical evidence failed to provide a sufficient causal link between claimant's CTS and her…”

Lourdes Iglesias v. QVC Suffolk Inc. & Liberty Ins. Corp. (Va. Ct. App. 2019).

Brenda Lee Taylor, Adm'r of the Est. of Ricky El Taylor v. David Posey (Va. Ct. App. 2023).

Inova Alexandria Hosp. v. Courtney Santora (Va. Ct. App. 2026).

Robin M. Cottrell v. DeRoyal Indus., Inc. & Travelers Indem. Co. of Am. (Va. Ct. App. 2005).

— Va. Code Ann. § 65.2-401(2) — 2 cases

Lindenfeld v. City of Richmond Sheriff's Off., 492 S.E.2d 506 (Va. Ct. App. 1997). “The commission found that claimant’s tuberculosis was an ordinary disease of life and analyzed his claim under Code § 65.2-401. The commission then found that claimant had not proven by clear and convincing evidence that his tuberculosis was caused by his employment at the jail.”

Brenda Lee Taylor, Adm'r of the Est. of Ricky El Taylor v. David Posey (Va. Ct. App. 2023).

— Va. Code Ann. § 65.2-401(2)(b) — 4 cases

Lanning v. Virginia Dep't of Transp., 561 S.E.2d 33 (Va. Ct. App. 2002). “For an ordinary disease of life to be compensable, a claimant must prove by “clear and convincing evidence, (not mere probability)” that the disease (1) arose out of and in the course of his employment, (2) did not result from causes outside of the employment, and (3) follows as…”

Steadman v. Liberty Fabrics, Inc., 589 S.E.2d 465 (Va. Ct. App. 2003). “The commission held that claimant failed to prove by clear and convincing evidence that her carpal tunnel syndrome (“CTS”) was not caused by activities outside of employment as required by Code § 65.2-401. For the following reasons, we affirm the commission’s decision.”

Great E. Resort Corp. v. Gordon, 525 S.E.2d 55 (Va. Ct. App. 2000).

Agnes v. Lanning v. VA Dep't of Transp. (Va. Ct. App. 2002).

— Va. Code Ann. § 65.2-401(2)(c) — 1 case

Inova Alexandria Hosp. v. Courtney Santora (Va. Ct. App. 2026).

— Va. Code Ann. § 65.2-401(3) — 1 case

Stenrich Grp. v. Jemmott, 467 S.E.2d 795 (Va. 1996).

— Va. Code Ann. § 65.2-401(B) — 3 cases

Duffy v. Com./Dept. of State Police, 468 S.E.2d 702 (Va. Ct. App. 1996).

Wesley James Hudson v. Commonwealth/State Police (Va. Ct. App. 1996).

Thomas M. Galloway v. Commonwealth/State Police (Va. Ct. App. 1996).

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