Virginia legislation would expand occupational injury and illness law

Identical bills have been prefiled in Virginia that would amend the state’s workers compensation law to expand occupational injuries or diseases as those stemming “from conditions resulting from repetitive and sustained physical stressors.”

Both S.B. 803, to be presented Jan. 8, and S.B. 788, sent to the Senate Commerce and Labor Committee, state that such occupational injuries would include “repetitive and sustained motions, exertions, posture stresses, contact stresses, vibrations, or noises” and that such “repetitive and sustained physical stress is not required to have occurred over a particular period of time.”

The bills state that the period of time over which such physical stress occurred would “be reasonably identified and documented” and that “exposure to such repetitive and sustained physical stressors in the course of employment is the primary cause of the injury or disease.”

The bills define “primary cause” as accounting for more than 50% of an injury or disease.