ROANOKE TIMES
Copyright (c) 1996, Roanoke Times
DATE: Thursday, March 7, 1996 TAG: 9603070066
SECTION: NATIONAL/INTERNATIONAL PAGE: A-1 EDITION: METRO
DATELINE: RICHMOND
SOURCE: ASSOCIATED PRESS
MEMO: ***CORRECTION***
Published correction ran on March 8.
Correction
A story in Thursday's paper incorrectly stated when Gov. George Allen
vetoed a bill that would have made Virginians who suffer from carpal
tunnel syndrome eligible for workers' compensation benefits. He vetoed
the bill last year.
SHOULD VIRGINIA workers with carpal tunnel syndrome or hearing loss get compensation?
With a flick of the legislative wrist, the General Assembly in its waning days has taken up the cause of Virginia workers who suffer carpal tunnel syndrome or hearing loss on the job.
At issue is whether workers with repetitive-motion injuries - carpal tunnel is becoming increasingly common as computers become more widespread in the workplace - should be compensated by workers compensation benefits.
Last week, the state Supreme Court ruled that workers who suffer from "cumulative trauma" injuries on the job aren't eligible for benefits under state law.
On Tuesday, House Majority Leader Richard Cranwell, D-Vinton, introduced emergency legislation to overturn the ruling by rewriting the law to define carpal tunnel syndrome and hearing loss as diseases covered by workers' compensation.
On Wednesday, a House committee, racing to beat the General Assembly's Saturday adjournment, overwhelmingly approved the legislation. But its long-term prognosis is uncertain - Gov. George Allen vetoed a similar bill last week, citing the potential increase in employers' costs.
``It is a lack of compassion for us to sit and clearly acknowledge these things are work-related and yet not compensate,'' Cranwell told the House Labor and Commerce Committee.
Carpal tunnel syndrome is a painful, sometimes crippling, condition that develops in the hands, wrists and arms because of repetitive motion. Under Cranwell's bill, workers still would have to prove that their ailment was work-related.
Opponents argued that the bill would drive up costs for employers.
``This would eviscerate the workers' compensation system,'' said Charles Midkiff, a lobbyist for the Virginia Manufacturers Association. ``It, in effect, becomes health insurance.''
Workers compensation is intended to pay medical expenses and replace a portion of lost income when an employee is hurt on the job or develops a work-related disease.
Cranwell said the ``sky-is-falling scenario'' envisioned by bill opponents will never come about. ``We're not talking about opening the floodgates,'' Cranwell said.
In fact, he said not covering carpal tunnel syndrome places employers at greater financial risk, because they could be sued for failing to provide a safe workplace.
Del. Glenn Croshaw, D-Virginia Beach, noted that the bill has a July 1, 1998, expiration date. Legislators can re-enact the bill if there are no problems or let it expire if employers' insurance costs soar.
``I can't think of anything more fair than a two-year test,'' Croshaw said.
Cranwell's bill originally would have covered a broad range of ``cumulative trauma'' injuries, but the committee accepted Croshaw's amendment to limit it to carpal tunnel syndrome.
Hearing loss is included in the bill because it, too, is a type of ``cumulative trauma'' that clearly merits compensation if the patient can prove it was work-related, Cranwell said.
Del. Harry Purkey, R-Virginia Beach, was the only member of the Labor and Commerce Committee who voted against the bill Wednesday.
Staff writer Dwayne Yancey contributed to this story.
CARPAL TUNNEL SYNDROME
What is it?
Carpal tunnel syndrome is a potentially crippling pain or numbness of the hands, wrists or arm. It's caused by repetitive motion, often associated with using computer keyboards.
Such repetitive motion injuries have proliferated as the number of people using computers on the job has risen from 25 percent in 1983 to 47 percent in 1993, according to the Bureau of Labor Statistics.
About the law
Last week, the Virginia Supreme Court ruled that Virginia law bans workers' compensation for carpal tunnel syndrome and other repetitive-motion injuries. State law currently limits compensation only to injuries sustained by a single incident, the court ruled.
This week, House Majority Leader Richard Cranwell, D-Vinton, introduced a bill to change the state law to allow workers' compensation for repetitive motion injuries. He's pushing for action before the General Assembly adjourns on Saturday. Gov. George Allen vetoed a similar bill last year.
Want to be heard?
You can leave a phone message with your state legislators at 1-800-889-0229 from 8:30 a.m. to 5 p.m.
LENGTH: Long : 103 lines ILLUSTRATION: PHOTO: (headshot) Cranwell. color. Graphic by staff. KEYWORDS: GENERAL ASSEMBLY 1996by CNB