{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/65.2-401.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/65.2-401.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/65.2-401.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/65.2-401.html"}],"law_id":81629,"edition_id":1,"section_id":81629,"structure_id":15578,"section_number":"65.2-401","catch_line":"“Ordinary disease of life” coverage","history":"1986, c. 378, \u00a7 65.1-46.1; 1989, c. 502; 1991, c. 355; 1997, cc. 15, 405.","full_text":"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):\n\n1\n\nThat 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, and2\n\nThat one of the following exists:\n\t\t\ta. It follows as an incident of occupational disease as defined in this title; or\n\t\t\tb. 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\n\t\t\tc. It is characteristic of the employment and was caused by conditions peculiar to such employment.","order_by":null,"text":{"0":{"id":292377,"text":"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):","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":292378,"text":"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","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":292379,"text":"That one of the following exists:\n\t\t\ta. It follows as an incident of occupational disease as defined in this title; or\n\t\t\tb. 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\n\t\t\tc. It is characteristic of the employment and was caused by conditions peculiar to such employment.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1"}},"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}],"previous_section":{"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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/65.2-401\/","history_text":"

This law was first created in 1986. The record of its establishment is cataloged in chapter 378 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1986 \u201cActs\u201d aren\u2019t available online. It has been modified 3 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 1989, chapter 502; in 1991, chapter 355; in 1997, chapters 15<\/a> and 405<\/a>.<\/p>","references":[{"id":77071,"section_number":"65.2-400","catch_line":"\"Occupational disease\" defined","order_by":null,"url":"\/65.2-400\/"}],"refers_to":[{"id":80727,"section_number":"32.1-123","catch_line":"(Effective January 1, 2026) Definitions","order_by":null,"url":"\/32.1-123\/"},{"id":59551,"section_number":"65.2-101","catch_line":"Definitions","order_by":null,"url":"\/65.2-101\/"},{"id":77071,"section_number":"65.2-400","catch_line":"\"Occupational disease\" defined","order_by":null,"url":"\/65.2-400\/"}],"permalink":{"id":276361,"object_type":"law","relational_id":81629,"identifier":"65.2-401","token":"65.2\/4\/65.2-401","url":"\/65.2-401\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/65.2-401\/","token":"65.2\/4\/65.2-401","dublin_core":{"Title":"“Ordinary disease of life” coverage","Type":"Text","Format":"text\/html","Identifier":"\u00a7 65.2-401","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

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<\/span>, (not a mere probability):<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> That the disease exists and arose out of and in the course of employment as provided in § 65.2-400<\/a> with respect to occupational diseases and did not result from causes outside of the employment, and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> That one of the following exists:\n\t\t\ta. It follows as an incident of occupational disease as defined in this title; or\n\t\t\tb. 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<\/a>, 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<\/a>; or\n\t\t\tc. It is characteristic of the employment and was caused by conditions peculiar to such employment. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\n“ORDINARY DISEASE OF LIFE” COVERAGE (\u00a7 65.2-401)\n\nAn ordinary disease of life to which the general public is exposed outside of\nthe employment may be treated as an occupational disease for purposes of this\ntitle if each of the following elements is established by clear and convincing\nevidence, (not a mere probability):\n\n1. That the disease exists and arose out of and in the course of employment as\nprovided in § 65.2-400 with respect to occupational diseases and did not\nresult from causes outside of the employment, and\n\n2. That one of the following exists:\n\t\t\ta. It follows as an incident of occupational disease as defined in this\ntitle; or\n\t\t\tb. It is an infectious or contagious disease contracted in the course of\none’s employment in a hospital or sanitarium or laboratory or nursing home\nas defined in § 32.1-123, or while otherwise engaged in the direct delivery\nof health care, or in the course of employment as emergency rescue personnel and\nthose volunteer emergency rescue personnel referred to in § 65.2-101; or\n\t\t\tc. It is characteristic of the employment and was caused by conditions\npeculiar to such employment.\n\nHISTORY: 1986, c. 378, \u00a7 65.1-46.1; 1989, c. 502; 1991, c. 355; 1997, cc. 15,\n405.","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}}