Virginia: Knowledge of Police Officer Presumption of Compensability For Heart-Lung Conditions Does Not Trigger Statute of Limitations

That a Virginia police officer was specifically aware of the state’s special heart-lung presumption of compensability in favor of police officers and certain other types of workers did not mean the two-year statute of limitations for his cardiac condition [see Va. Code § 65.2-406(A)(6)] began to run on the date he received his initial diagnosis that he had an irregular heartbeat and other cardiac conditions. The limitations period did not begin to run until he was advised, many years later, that his cardiac issues might be associated with work-related stress.

Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is co-author of Larson’s Workers’ Compensation Law (LexisNexis).

LexisNexis Online Subscribers: Citations below link to Lexis Advance.

See City of Newport News v. Kahikina, 838 S.E.2d 70 (Va. Ct. App. 2020)

See generally Larson’s Workers’ Compensation Law, § 52.07.

Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law

For a more detailed discussion of the case, see

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