{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/65.2-400.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/65.2-400.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/65.2-400.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/65.2-400.html"}],"law_id":77071,"edition_id":1,"section_id":77071,"structure_id":15578,"section_number":"65.2-400","catch_line":"“Occupational disease” defined","history":"Code 1950, \u00a7 65-42; 1952, c. 603; 1968, c. 660, \u00a7 65.1-46; 1970, c. 470; 1986, c. 378; 1991, c. 355; 1997, cc. 15, 405.","full_text":"A\n\nAs used in this title, unless the context clearly indicates otherwise, the term “occupational disease” means a disease arising out of and in the course of employment, but not an ordinary disease of life to which the general public is exposed outside of the employment.B\n\nA disease shall be deemed to arise out of the employment only if there is apparent to the rational mind, upon consideration of all the circumstances:1\n\nA direct causal connection between the conditions under which work is performed and the occupational disease;2\n\nIt can be seen to have followed as a natural incident of the work as a result of the exposure occasioned by the nature of the employment;3\n\nIt can be fairly traced to the employment as the proximate cause;4\n\nIt is neither a disease to which an employee may have had substantial exposure outside of the employment, nor any condition of the neck, back or spinal column;5\n\nIt is incidental to the character of the business and not independent of the relation of employer and employee; and6\n\nIt had its origin in a risk connected with the employment and flowed from that source as a natural consequence, though it need not have been foreseen or expected before its contraction.C\n\nHearing loss and the condition of carpal tunnel syndrome are not occupational diseases but are ordinary diseases of life as defined in § 65.2-401.","order_by":null,"text":{"0":{"id":276520,"text":"As used in this title, unless the context clearly indicates otherwise, the term “occupational disease” means a disease arising out of and in the course of employment, but not an ordinary disease of life to which the general public is exposed outside of the employment.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":276521,"text":"A disease shall be deemed to arise out of the employment only if there is apparent to the rational mind, upon consideration of all the circumstances:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":276522,"text":"A direct causal connection between the conditions under which work is performed and the occupational disease;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":276523,"text":"It can be seen to have followed as a natural incident of the work as a result of the exposure occasioned by the nature of the employment;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":276524,"text":"It can be fairly traced to the employment as the proximate cause;","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"5":{"id":276525,"text":"It is neither a disease to which an employee may have had substantial exposure outside of the employment, nor any condition of the neck, back or spinal column;","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"B5"},"6":{"id":276526,"text":"It is incidental to the character of the business and not independent of the relation of employer and employee; and","type":"section","prefixes":["B","5"],"prefix":"5","entire_prefix":"B5","prefix_anchor":"B5","level":2,"prior_prefix":"B4","next_prefix":"B6"},"7":{"id":276527,"text":"It had its origin in a risk connected with the employment and flowed from that source as a natural consequence, though it need not have been foreseen or expected before its contraction.","type":"section","prefixes":["B","6"],"prefix":"6","entire_prefix":"B6","prefix_anchor":"B6","level":2,"prior_prefix":"B5","next_prefix":"C"},"8":{"id":276528,"text":"Hearing loss and the condition of carpal tunnel syndrome are not occupational diseases but are ordinary diseases of life as defined in § 65.2-401.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B6"}},"ancestry":[{"id":15578,"edition_id":1,"name":"Occupational Diseases","identifier":"4","label":"chapter","depth":2,"order_by":1,"parent_id":13199,"metadata":{},"date_created":"2026-06-26 03:56:30","date_modified":"2026-06-26 03:56:30","permalink":{"id":276355,"object_type":"structure","relational_id":15578,"identifier":"4","token":"65.2\/4","url":"\/65.2\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13199,"edition_id":1,"name":"Workers' Compensation","identifier":"65.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:26","date_modified":"2026-06-26 03:44:26","permalink":{"id":276115,"object_type":"structure","relational_id":13199,"identifier":"65.2","token":"65.2","url":"\/65.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":77071,"structure_id":15578,"section_number":"65.2-400","catch_line":"\"Occupational disease\" defined","url":"\/65.2-400\/","token":"65.2\/4\/65.2-400","metadata":false},{"id":81629,"structure_id":15578,"section_number":"65.2-401","catch_line":"\"Ordinary disease of life\" coverage","url":"\/65.2-401\/","token":"65.2\/4\/65.2-401","metadata":false},{"id":59437,"structure_id":15578,"section_number":"65.2-402","catch_line":"Presumption as to death or disability from respiratory disease, hypertension or heart disease, cancer","url":"\/65.2-402\/","token":"65.2\/4\/65.2-402","metadata":false},{"id":85102,"structure_id":15578,"section_number":"65.2-402.1","catch_line":"Presumption as to death or disability from infectious disease","url":"\/65.2-402.1\/","token":"65.2\/4\/65.2-402.1","metadata":false},{"id":70626,"structure_id":15578,"section_number":"65.2-403","catch_line":"Provisions in respect to injury by accident, etc., applicable to occupational disease","url":"\/65.2-403\/","token":"65.2\/4\/65.2-403","metadata":false},{"id":79901,"structure_id":15578,"section_number":"65.2-404","catch_line":"What employer and carrier liability","url":"\/65.2-404\/","token":"65.2\/4\/65.2-404","metadata":false},{"id":81595,"structure_id":15578,"section_number":"65.2-405","catch_line":"Notice to be given","url":"\/65.2-405\/","token":"65.2\/4\/65.2-405","metadata":false},{"id":76142,"structure_id":15578,"section_number":"65.2-406","catch_line":"Limitation upon claim; diseases covered by limitation","url":"\/65.2-406\/","token":"65.2\/4\/65.2-406","metadata":false},{"id":67647,"structure_id":15578,"section_number":"65.2-407","catch_line":"Waiver","url":"\/65.2-407\/","token":"65.2\/4\/65.2-407","metadata":false}],"next_section":{"id":81629,"structure_id":15578,"section_number":"65.2-401","catch_line":"\"Ordinary disease of life\" coverage","url":"\/65.2-401\/","token":"65.2\/4\/65.2-401","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/65.2-400\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 6 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1952, chapter 603; in 1968, chapter 660; in 1970, chapter 470; in 1986, chapter 378; in 1991, chapter 355; in 1997, chapters 15<\/a> and 405<\/a>.<\/p>","references":[{"id":59551,"section_number":"65.2-101","catch_line":"Definitions","order_by":null,"url":"\/65.2-101\/"},{"id":81629,"section_number":"65.2-401","catch_line":"\"Ordinary disease of life\" coverage","order_by":null,"url":"\/65.2-401\/"}],"refers_to":[{"id":81629,"section_number":"65.2-401","catch_line":"\"Ordinary disease of life\" coverage","order_by":null,"url":"\/65.2-401\/"}],"permalink":{"id":276357,"object_type":"law","relational_id":77071,"identifier":"65.2-400","token":"65.2\/4\/65.2-400","url":"\/65.2-400\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/65.2-400\/","token":"65.2\/4\/65.2-400","dublin_core":{"Title":"“Occupational disease” defined","Type":"Text","Format":"text\/html","Identifier":"\u00a7 65.2-400","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> As used in this title, unless the context clearly indicates otherwise, the term “occupational disease<\/span>” means a disease arising out of and in the course of employment, but not an ordinary disease of life to which the general public is exposed outside of the employment. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A disease shall be deemed to arise out of the employment only if there is apparent to the rational mind, upon consideration of all the circumstances: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> A direct causal connection between the conditions under which work is performed and the occupational disease<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> It can be seen to have followed as a natural incident of the work as a result of the exposure occasioned by the nature of the employment; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> It can be fairly traced to the employment as the proximate cause; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> It is neither a disease to which an employee may have had substantial exposure outside of the employment, nor any condition of the neck, back or spinal column; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> It is incidental to the character of the business and not independent of the relation of employer<\/span> and employee; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> It had its origin in a risk connected with the employment and flowed from that source as a natural consequence, though it need not have been foreseen or expected before its contraction. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Hearing<\/span> loss and the condition of carpal tunnel syndrome are not occupational diseases<\/span> but are ordinary diseases of life as defined in § 65.2-401<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\n“OCCUPATIONAL DISEASE” DEFINED (\u00a7 65.2-400)\n\nA. As used in this title, unless the context clearly indicates otherwise, the\nterm “occupational disease” means a disease arising out of and in\nthe course of employment, but not an ordinary disease of life to which the\ngeneral public is exposed outside of the employment.\n\nB. A disease shall be deemed to arise out of the employment only if there is\napparent to the rational mind, upon consideration of all the circumstances:\n\n 1. A direct causal connection between the conditions under which work is\n performed and the occupational disease;\n\n 2. It can be seen to have followed as a natural incident of the work as a\n result of the exposure occasioned by the nature of the employment;\n\n 3. It can be fairly traced to the employment as the proximate cause;\n\n 4. It is neither a disease to which an employee may have had substantial\n exposure outside of the employment, nor any condition of the neck, back or\n spinal column;\n\n 5. It is incidental to the character of the business and not independent of\n the relation of employer and employee; and\n\n 6. It had its origin in a risk connected with the employment and flowed from\n that source as a natural consequence, though it need not have been foreseen or\n expected before its contraction.\n\nC. Hearing loss and the condition of carpal tunnel syndrome are not occupational\ndiseases but are ordinary diseases of life as defined in § 65.2-401.\n\nHISTORY: Code 1950, \u00a7 65-42; 1952, c. 603; 1968, c. 660, \u00a7 65.1-46; 1970, c.\n470; 1986, c. 378; 1991, c. 355; 1997, cc. 15, 405.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}