Opinion
Record No. 990428.
March 3, 2000.
Present: Carrico, C.J., Compton, Lacy, Hassell, Keenan, Koontz, and Kinser, JJ.
Justice Compton participated in the hearing and decision of this case prior to the effective date of his retirement on February 2, 2000.
The claimant sought workers' compensation benefits for carpal tunnel syndrome. Her treating physician opined that there was a "high probability" that her condition was the result of her work. There was no contrary medical evidence. The commission found the condition compensable based on clear and convincing evidence. The Court of Appeals affirmed.
1. Under Code § 65.2-401, the elements required to show a compensable ordinary disease must be established by clear and convincing evidence (not a mere probability).
2. Clear and convincing evidence is that degree of proof which will produce in the mind of the trier of facts belief or conviction as to the allegations.
3. Here the uncontradicted opinion of claimant's doctor was expressed in terms of "high probability" and not a "mere probability." Based on this opinion, the commission could conclude that the evidence proved clearly and convincingly that the claimant's condition was a compensable ordinary disease of life.
Appeal from the Court of Appeals of Virginia.
J. David Griffin ( Fowler, Griffin, Coyne Patton, on briefs), for appelants. Nikolas E. Parthemos ( Parthemos Bryant, on brief), for appellee.
We awarded this appeal to review a judgment of the Court of Appeals inNational Fruit Product Co. v. Staton, 28 Va. App. 650, 507 S.E.2d 667 (1998), a workers' compensation case involving carpal tunnel syndrome.
The appeal was limited to the consideration of one assignment of error. The issue considered is whether the Court of Appeals erred in determining that "high probability" is equivalent to "clear and convincing evidence (not a mere probability)" within the context of Code § 65.2-401. That statute sets forth the elements required to prove a compensable ordinary disease of life.
For the reasons set forth in the opinion of the Court of Appeals, we will affirm the court's judgment.
Affirmed.