CODE OF VIRGINIA

“ORDINARY DISEASE OF LIFE” COVERAGE (§ 65.2-401)

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.

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