The Law on Occupational Diseases in Virginia – A Brief Summary

Claire C. Carr serves as vice president of Kalbaugh, Pfund & Messersmith, PC, and as managing partner and practice lead of the workers’ compensation department at the Richmond, VA-based firm. A Virginia Super Lawyer for multiple years running, she was also named to the Best Lawyers in America list for 2020 and holds an AV rating from Martindale-Hubbell. Claire C. Carr has presented numerous times at professional events, addressing topics such as vocational rehabilitation, subrogation, terminating benefits, compensability, statutory employer, occupational diseases, and more..

Section 65.2-400 of the Virginia Code defines an “occupational disease” as one caused by and occurring in the course of an individual’s job.

Occupational Disease is a disease which is not an “ordinary disease of life” which most people in the population would be exposed to, unless they were employed in certain industries. Attorneys practicing in this area of law typically see occupational disease claims relating to allegations of regular exposure to mold, disease-causing bacteria or viruses, hazardous waste, construction debris, and similar workplace hazards.

The code goes on in section 65.2-401 to note that, in certain cases, a condition that might fall under the category of “ordinary disease of life” may be considered to meet the criteria for occupational disease if certain criteria are met by “clear and convincing evidence.”

AV, AV Preeminent, Distinguished, and Notable are certification marks used under license in accordance with the Martindale-Hubbell certification procedures, standards and policies. For more information, visit https://www.martindale.com/ratings-and-reviews/.

Best Lawyers – A Talent Directory and Source of Legal Education

Vice president and shareholder/partner at Kalbaugh, Pfund & Messersmith (KPM Law) in Richmond, VA, Claire C. Carr has developed substantial experience in workers’ compensation law. The managing partner of KPM’s workers’ compensation department, she has defended, among others, companies of various sizes, insurance carriers, and third-party insurers. Recently, Claire C. Carr was named to the 2020 Best Lawyers in America list.

Best Lawyers has achieved recognition as an objective, peer-reviewed means of identifying the most accomplished legal professionals nationwide. The organization sponsors industry conferences and offers a variety of continuing education professional publications such as online articles and legal guides. Past topics include the law on immigration and VISA applications, copyright in an emerging digital environment, the globalization of Japanese insolvency practice, and the evolving arena of employee and employer rights.

The wide-ranging topics covered in Best Lawyers’ online section Legal Insights should be of interest to beginning and experienced practitioners, as well as to the general public. One recent item in this section discusses handling public relations in the midst of a media-saturated case while another discusses the legal status of workers in today’s gig economy. Others present interviews with representatives of international law firms, bringing their insights to a larger audience.

The Legal Insight section’s insights into workers’ compensation law, in particular, include publications on slip-and-fall injuries, evaluating functional capacity, and how emerging gender-related issues affect claims.

Becoming a Fellow of the College of Workers’ Compensation Lawyers

In practice with the Richmond, VA firm of Kalbaugh, Pfund & Messersmith, PC, since 1992, lawyer Claire C. Carr focuses on the representation of employers, insurance carriers, and third-party administrative offices in a variety of workers’ compensation cases. Throughout her career, she has defended thousands of claims. Among other professional distinctions, Claire C. Carr was inducted as a fellow of the College of Workers’ Compensation Lawyers in 2017.

To become a fellow of the College of Workers’ Compensation Lawyers, a lawyer must demonstrate excellence in at least one area of workers’ compensation law. Members may represent defendants or plaintiffs or have earned respect as judges, legal educators, or crafters of policy. Additionally, fellows are nominated to the college based on their significant contributions to the field, as well as their ability to serve as role models with the ability to teach others.

In handling adversarial relationships, fellows model how to behave with civility, professional objectivity, and collegiality. They also must show their dedication to the lifelong study of law and hold active memberships in bar associations relevant to their locales and areas of practice.

The college’s website maintains a wealth of professional resources, including links to the Workers’ Comp Matters podcast and information on upcoming events.