Legal Question in Workers Comp in Virginia

Injury or disease

I use pry bars in a prying/banging motion to open up fixtures and have been doing so for 12 years. Sometimes the banging causes wrist pain annd lack of use. On june 1, 07 I hurt it and reported it to supervision. In August dr diagnosed sprain and degenerative joint disease. He has since retired. Now an orthopedic dr. states I have mid-carpal arthritis probably caused when I hurt it. X-rays on both dates show same amount of disease, little change. Question is , is it from 12 years of banging DJD (disease)or the initiating event (injury)


Asked on 10/17/08, 1:22 pm

1 Answer from Attorneys
Gerald Lutkenhaus Virginia Workers Compensation & Disability Lawyer

Re: Injury or disease

Virginia WC Law does not provide a recovery for a repetitive injury.

Virginia WC Law only covers injuries caused by a specific incident.

Virginia WC Law does not recognize a repetitive injury as a compensble disease

If the doctors agree you PROBABLY and not possibly hurt it on June 1, 2007, then you may have enough of a specific incident to have a compensable claim. It can be the straw that broke the camel's back. In other words, the incident on June 1, 2007 materially aggravated an underlying diease process.

You can file a claim for this with the Virginia Workers Compensation Commission. It would be best to have the doctor put in writing that the injury on June 1, 2007 probably caused the mid-carpal arthritis. You have two (2) years from the date of the accident to file with the Commission.

Jerry Lutkenhaus

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Answered on 10/17/08, 1:30 pm


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