THE VIRGINIAN-PILOT
Copyright (c) 1996, Landmark Communications, Inc.
DATE: Thursday, March 7, 1996 TAG: 9603070447
SECTION: LOCAL PAGE: B9 EDITION: FINAL
SOURCE: ASSOCIATED PRESS
DATELINE: RICHMOND LENGTH: Medium: 65 lines
A bill that would let Virginians claim Worker's Compensation for repetitive motion injuries has been introduced in the General Assembly following a Virginia Supreme Court ruling on the issue.
The court ruled Friday that a woman with carpal tunnel syndrome could not claim Worker's Compensation because state law bans compensation for such injuries. Carpal tunnel syndrome is a pain or numbness of the hands and arm, which can be crippling, caused by swelling and fluid pressing on nerves in the wrist.
The bill introduced by House Majority Leader C. Richard Cranwell, D-Roanoke County, said any workplace injury caused by repetitive motion or the cumulative effect of years of trauma should be covered by Worker's Compensation.
Without some sort of coverage, ``repetitive trauma cases are going to go to civil lawsuits,'' Cranwell said. ``That could cost businesses more.'' Cranwell said a lawsuit for damages for injuries such as carpal tunnel could easily cost a business hundreds of thousands of dollars.
Going to court, meanwhile, could leave an injured worker waiting for months or years without treatment, he said.
The Senate Commerce and Labor Committee earlier shelved a House bill that would have allowed Worker's Compensation coverage only for carpal tunnel syndrome or hearing loss. Business lobbyists asked the committee to postpone a decision until next year, wanting to wait for the state Supreme Court ruling on the carpal tunnel case.
Worker's Compensation is meant to pay for medical care and to at least partially replace lost wages when an employee is hurt on the job. But state law limits coverage to accidents and to occupational disease.
The Supreme Court ruling, which rejected efforts by the Worker's Compensation Commission to treat some carpal tunnel cases as occupational diseases, said cumulative trauma injuries aren't covered by the state Worker's Compensation Act.
Cranwell's bill tries to address that by rewriting the law to say it does cover injuries caused by repetitive motions or cumulative trauma.
Business lobbyists said they opposed Cranwell's broader bill, fearing it would boost insurance rates and set off a flood of claims.
``It's more far-reaching than earlier bills,'' said Chris LaGow, a lobbyist for Nationwide Insurance Co. and the Alliance of American Insurers.
LaGow said it can be difficult to link a problem such as carpal tunnel syndrome to work.
Del. Harry R. Purkey, R-Virginia Beach, said he felt Cranwell's bill expanded workers' compensation coverage too much and would force insurance rates up too far.
Although Virginia is often credited with having the country's lowest Worker's Compensation rates, the insurance is still a major burden for many small businesses, Purkey said. ILLUSTRATION: WHAT IS IT?
Carpal tunnel syndrome is a pain or numbness of the hands and
arm, which can be crippling, that is caused by swelling and fluid
pressing on nerves in the wrist.
KEYWORDS: GENERAL ASSEMBLY by CNB