769 S.E.2d 692
Va. Ct. App.2015Background
- Samartino is a Fairfax County firefighter diagnosed with chronic lymphocytic leukemia (occupational disease).
- Claim filed Aug. 28, 2013 seeking temporary total disability benefits and medical benefits under Code § 65.2-402(C).
- Diagnosis occurred September 18, 2012; he sought benefits for multiple 2012–2013 dates including September 11–19, October, December 2012, and March 2013.
- Evidence shows repeated work on many days with intermittent sick leave; doctors linked toxin exposure to leukemia but did not uniformly restrict work.
- Deputy commissioner awarded benefits based on presumption in Code § 65.2-402(C); the commission reversed, finding no disability from leukemia.
- Court held that credibility and statutory interpretation determine disability under the presumption and affirmed the commission’s ruling.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether leukemia caused disability under Code § 65.2-402(C). | Samartino asserts disability based on disease and prescribed presumption. | Fairfax County contends no disability proven; many days worked full shifts contradict total disability. | Disability not proven; presumption not triggered by demonstrated work capacity. |
| Role of economic indemnity in establishing prima facie case under the presumption. | Evidence of economic indemnity supports disability. | Economic indemnity absence does not foreclose disability under the presumption. | Prima facie requires disease and disability; economic indemnity is supportive, not dispositive. |
| Impact of Tomes and the two-year statute of limitations on successive claims. | Second diagnosis may yield compensable claim if disability arises later. | Statute of limitations requires timely filing after diagnosis. | Second diagnosis may be compensable; filing period starts with diagnosis; not barred where progression shows disability. |
Key Cases Cited
- Bass v. City of Richmond Police Dep’t, 258 Va. 103 (Va. 1999) (presumption shifts burden to employer; requires proof of disease and disability)
- Lillard v. City of Norfolk, 15 Va. App. 424 (Va. Ct. App. 1992) (remedial nature of statute; firefighting disability causation acknowledged)
- Tomes v. James City Fire, 39 Va. App. 424 (Va. App. 2002) (disability defined as stage when disease prevents work efficiency; informs prima facie standard)
- Salyer v. Clinchfield Coal Corp., 191 Va. 331 (Va. 1950) (disability meaning relates to ability to perform work; standard for disability)
- Purcellville Police v. Bromser-Kloeden, 35 Va. App. 252 (Va. Ct. App. 2001) (explains burden-shifting after prima facie showing)
- Wagner Enters., Inc. v. Brooks, 12 Va. App. 890 (Va. App. 1991) (credibility governs binding commission findings when supported by evidence)