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Virginia governor vetoes comp bill loosening burden for injured workers

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Virginia Gov. Glenn Youngkin vetoed on Thursday a proposed change to the state’s workers compensation system that would have made it easier for workers who suffer falls to prove their injuries were work-related.  

House Bill 974 would have permitted injured employees to satisfy their burden of proof that a fall is work-related through circumstantial evidence, testimony of others and other evidence.

Under current law, claims for compensation involving injuries from falls are presumed compensable unless the presumption is overcome by a “preponderance of competent evidence to the contrary.”

In his veto message, Gov. Youngkin said the legislation created a “disproportionate imbalance in favor of one party,” and that employees seeking workers comp benefits for unexplained falls would have been able to rely on “circumstantial evidence and hearsay.”

The governor said current law provides a “balanced approach to workers compensation.”