Adams v. Alliant Techsystems, Inc.

On October 27, 2000, the United States District Court for the Western District of Virginia entered an order of certification request ing that we exercise our certification jurisdiction, Va. Const, art. VI, § 1; Rule 5:42, and answer the following questions:

1. Does the Virginia Workers’ Compensation Act bar a plaintiff from bringing a common-law cause of action to recover damages for his or her hearing loss resulting from cumulative trauma if the claim accrued during the period in which such hearing loss was not a compensable injury or disease under the Act?

2. If an alleged impairment is not…