ROANOKE TIMES
Copyright (c) 1997, Roanoke Times
DATE: Thursday, February 6, 1997 TAG: 9702060017
SECTION: BUSINESS PAGE: B-6 EDITION: METRO
SOURCE: JEFF STURGEON STAFF WRITER
CARPAL TUNNEL syndrome could be covered under workers' compensation if Gov. Allen signs a new bill into law.
People who get carpal tunnel syndrome on the job will receive workers' compensation, if Gov. George Allen signs a bill passed by the General Assembly.
The legislation reverses a controversial court ruling 11 months ago that has prevented paying benefits to people who develop the crippling disease.
Business and labor groups said they will urge Allen's approval; the governor has not said what he will do. If approved, the bill becomes law July 1, but whether people diagnosed before that date would qualify for aid is unclear.
Carpal tunnel syndrome is a painful wrist ailment associated with repetitive movements such as typing and cleaning. Recognized as a growing workplace injury, it is the most common type of cumulative trauma disorder, of which 332,000 cases were reported in 1994.
Virginia and Montana are the only states whose employer-funded workers' compensation systems don't recognize it for coverage, said Gary Kendall, a Charlottesville lawyer who is general counsel to the Virginia AFL-CIO.
In March 1996, the Virginia Supreme Court found that Virginia law didn't provide aid to syndrome sufferers, even though many were receiving aid. The court stopped short of cutting off benefits to those sufferers already approved for assistance, but outlawed awards for new cases and sent a message to lawmakers that they might consider changing the law.
Both houses of the General Assembly have now agreed that the state should provide benefits for carpal tunnel syndrome, and approved a bill they intend to forward to Allen this month.
Linda Frith, who leads the legal team on workers' compensation at Gentry, Locke, Rakes & Moore, a Roanoke law firm that generally represents employers, said: "It's my understanding that this is a compromise between labor and industry and they both agreed to it. I would not be surprised to see [Allen] allow the bill to become law.".
Allen isn't ready to make a decision, however, Secretary of Commerce and Trade Robert Skunda said Wednesday. Noting that lawmakers have until Feb. 17 to make changes, Skunda said Allen won't tip his hand before that time.
"I realize this is of interest to labor and certainly the business organizations and many folks," Skunda said. "There's been a lot of work going into it, but this, like anything else in the legislative process, is a moving target." Allen vetoed a similar bill in 1995.
The bill also would qualify people who lose hearing for the workers' compensation package of benefits, which includes medical payments and cash for living expenses while they are away from work.
Kendall said Allen's signature may not help people who were diagnosed after the ruling, but before July 1. It's a legal gray area the courts will have to sort out, he said.
The bill stipulates that there be "clear and convincing" proof that an ailment "arose out of or in the course of employment." Businesses wanted a higher standard of proof; labor wanted a lesser one.
Earlier this week, the two sides compromised. The deal was struck by the Virginia Chamber of Commerce, Virginia Manufacturers Association, state chapter of the National Federation of Independent Businesses and insurance industry representatives, all representing business interests; and the Virginia AFL-CIO and the Virginia Trial Lawyers Association, both representing labor, according to Keith Cheatham, public policy manager and state chamber lobbyist.
Del. Richard Cranwell, D-Roanoke, who brokered the compromise, is sponsoring the House version, HB2556. Sen. Richard Holland, D-Isle of Wight County, is carrying an identical bill, SB1043.
LENGTH: Medium: 72 lines KEYWORDS: GENERAL ASSEMBLY 1997by CNB