Lee County School Board v. Miller

To prove a compensable claim for carpal tunnel syndrome (CTS) as an ordinary disease of life under the Workers’ Compensation Act (the Act), Code § 65.2-401 requires a claimant to prove, by clear and convincing evidence and not evidence indicating a mere probability, that (1) the disease arose out of and in the course of the employment as provided in Code § 65.2-400 (first prong), and (2) did not result from *265causes outside of the employment (second prong). See Code § 65.2—401(1); see also Lanning v. Dep’t of Transp., 37 Va. App. 701, 561 S.E.2d 33 (2002). The plain language of Code § 65.2-401…