Recoverable claims under the Virginia Workers Compensation Act are divided into two categories: injuries by accident and injuries from occupational diseases. Occupational disease coverage has undergone significant expansion in the past decade. Faced with society's demand and its own desire to expand, the Industrial Commission has gradually broadened its interpretation of the Act. The expansion of occupational disease coverage has, however, been significantly hindered by the statutory compensation exclusion for ordinary diseases. Uncertain as to the full effect of this exclusion, the Commission has fluctuated between granting and denying awards for ordinary diseases. The Commission's conflicting treatment of ordinary diseases has led to general confusion regarding the law.
Teri S. Lovelace,
The Ordinary Disease Exclusion in Virginia's Workers' Compensation Act: Where is it Going After Ashland Oil Co. v. Bean?,
U. Rich. L. Rev.
Available at: http://scholarship.richmond.edu/lawreview/vol18/iss1/8