Legal Question in Workers Comp in Virginia

Carpal Tunnel

Virginia code requires "clear and convincing evidence" in order to associate carpal tunnel to the work place. What is generally considered clear and convincing? I am a law enforcement officer assigned to admin duties 4 years ago. Typing, mousing, and other computer functions are now daily routine for me. I've not yet seen a doc, as I'm unsure whether WC will even entertain this condition, or if they'll just deny it out of hand. How do I show clear and convincing evidence that it arose from work?


Asked on 12/15/09, 8:55 am

1 Answer from Attorneys

Peter M. Sweeny, Esq. Author:Virginia Workers' Compensation Case Finder

Although carpal tunnel is "covered" in Virginia, it is still very difficult to get covered. The clear and convincing evidence essentially means that you will have to present solid medical evidence and factual evidence that the repetitive activities you do at work are the cause of your CTS and that there are no other factors outside of work which could account for your condition. It means that you will have to explain to a qualified physician how much you do repetitively with your hand(s) and he or she will have to conclude that this is the cause of your CTS. This is why it is difficult. I would suggest that you consult a qualified and knowledgeable Virginia attorney before you try to make a claim.

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Answered on 12/20/09, 11:29 am


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