65.2-401 - Ordinary disease of life" coverage. - Virginia Statutes

§ 65.2-401. "Ordinary disease of life" coverage.

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

1. That the disease exists and arose out of and in the course of employmentas provided in § 65.2-400 with respect to occupational diseases and did notresult 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 thistitle; or

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

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

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