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2000 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 65.2-300 of the Code of Virginia is amended and reenacted as follows:
§ 65.2-300. Presumption of acceptance of provisions of title; exemptions; notice and rejection.
A. Every employer and employee, except as herein stated, shall be conclusively presumed to have accepted the provisions of this title respectively to pay and accept compensation for personal injury or death by accident arising out of and in the course of the employment and shall be bound thereby. Except as otherwise provided herein, no contract or agreement, written or implied, and no rule, regulation or other device shall in any manner operate to relieve any employer in whole or in part of any obligation created by this title.
B. An executive officer may reject coverage under this title for injury or death by accident, but not with respect to occupational disease, if prior to such accident, notice is given to the employer and filed with the Commission in the manner described herein.
The notice shall be in writing or print in substantially the form prescribed by
the Commission and shall be given by the executive officer by sending the same in a
registered letter, addressed to the employer at his last known residence
address or place of business, or by giving it personally to the employer or any
of his agents upon whom a summons in a civil action may be served under the laws of
the Commonwealth. A copy of the notice in prescribed form shall also be filed
with the Commission. Such notice shall be effective as of the last to occur of
(i) the date of the inception of the policy or (ii) the delivery of such notice to
the employer as provided in this subsection.
C. If an accident resulting in injury or death occurs within thirty days after
such notice is given, the notice shall be deemed ineffective unless given concurrently with the
commencement of employment.
D. C. An executive officer who rejects coverage under this title shall, in any
action to recover damages for personal injury or death brought against an employer accepting the
compensation provisions of this title, proceed at common law, and the employer may avail himself of
the defenses of contributory negligence, negligence of a fellow servant and
assumption of risk, as such defenses exist at common law.
E. D. An executive officer who has rejected coverage under this title may
nevertheless by notice revoke such rejection and thereby accept coverage under
the provisions of this title. A notice revoking such rejection shall be given
to the employer and a copy filed with the Commission in the manner provided for
rejecting such coverage. Coverage under this title shall not be extended to
injuries that occur within thirty five days of the giving of such notice.