25.3 Multiple Chemical Sensitivity (mcs)

• Library: Virginia Construction Law Deskbook (Virginia CLE) (2019 Ed.)

25.3 MULTIPLE CHEMICAL SENSITIVITY (MCS)

25.301 Characteristics of MCS. Some experts contend that a condition called multiple chemical sensitivity (MCS) can be caused by repeated exposure to doses of substances that are substantially smaller than levels normally considered to be safe, or in some cases by a single serious exposure to a substance. MCS is frequently associated with both sick building and toxic mold claims. ¹⁵ MCS causes the exposed person to become allergic to chemicals found outside the building as well as chemicals contained in common products. Symptoms of MCS include depression, inability to concentrate, poor memory, mental exhaustion, wheezing, skin rashes, headaches, chest pain, pounding heart, asthma, swelling, and tingling of the fingers and toes. ¹⁶ Once these symptoms become chronic, the exposed person may become hypersensitive even to low doses of common chemicals. ¹⁷

25.302 Issues of Proof in MCS Claims. Although Virginia recognizes MCS as a legitimate claim for permanent disability for a workers' compensation claim, MCS cases are difficult to prove. ¹⁸ Again, each case must be

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