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2000 SESSION

003359884
HOUSE BILL NO. 410
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the House Committee on Labor and Commerce
on January 31, 2000)
(Patron Prior to Substitute--Delegate Phillips)
A BILL to amend and reenact §§ 65.2-503 and 65.2-504 of the Code of Virginia, relating to workers compensation for disability from coal worker’s pneumoconiosis; defining average weekly wage.

Be it enacted by the General Assembly of Virginia:

1. That §§ 65.2-503 and 65.2-504 of the Code of Virginia are amended and reenacted as follows:

§ 65.2-503. Permanent loss.

A. Compensation for permanent partial and permanent total loss and disfigurement shall be awarded as provided in this section.

B. The following losses shall be compensated for the period specified at the rate of 66 2/3 percent of the average weekly wage as defined in § 65.2-101: 

             Loss               Compensation Period
      1. Thumb                      60 weeks.
      2. First finger (index finger)35 weeks.
      3. Second finger              30 weeks.
      4. Third finger               20 weeks.
      5. Fourth finger (little finger)                       15 weeks.
      6. First phalanx of the thumb or any finger            one-half
                                                     compensation for
                                                       loss of entire
                                                     thumb or finger.

The loss of more than one phalanx of a thumb or finger is deemed the loss of the entire thumb or finger. Amounts received for loss of more than one finger shall not exceed compensation provided for the loss of a hand. 

      7. Great toe                  30 weeks.
      8. A toe other than a great toe                        10 weeks.
      9. First phalanx of any toe   one-half
           compensation for
           loss of entire
           toe.

The loss of more than one phalanx of a toe is deemed the loss of the entire toe. 

     10. Hand                       150 weeks.
     11. Arm                        200 weeks.
     12. Foot                       125 weeks.
     13. Leg                        175 weeks.
     14. Permanent total loss of the vision of an eye        100 weeks.
     15. Permanent total loss of hearing of an ear           50 weeks.
     16. Severely marked disfigurement of the body         not exceeding 60
         resulting from an injury not otherwise              weeks.
         compensated by this section
     17. Pneumoconiosis, including but not limited to
         silicosis and asbestosis, medically determined to
         be in the
         a. First stage             50 weeks.
         b. Second stage            100 weeks.
         c. Third stage             300 weeks.
     18. Byssinosis                 50 weeks.

C. Compensation shall be awarded pursuant to § 65.2-500 for permanent and total incapacity when there is:

1. Loss of both hands, both arms, both feet, both legs, both eyes, or any two thereof in the same accident;

2. Injury for all practical purposes resulting in total paralysis, as determined by the Commission based on medical evidence; or

3. Injury to the brain which is so severe as to render the employee permanently unemployable in gainful employment.

D. In construing this section, the permanent loss of the use of a member shall be equivalent to the loss of such member, and for the permanent partial loss or loss of use of a member, compensation may be proportionately awarded. Compensation shall also be awarded proportionately for partial loss of vision or hearing.

E. Except as provided in subsection C, the weekly compensation payments referred to in this section shall be subject to the same limitations as to maximum and minimum as set out in § 65.2-500.

1. Compensation awarded pursuant to this section shall be payable after payments for temporary total incapacity pursuant to § 65.2-500.

2. Compensation pursuant to this section may be paid simultaneously with payments for partial incapacity pursuant to § 65.2-502. Where compensation pursuant to this section is paid simultaneously with payments for partial incapacity pursuant to § 65.2-502, each combined payment shall count as two weeks against the total maximum allowable period of 500 weeks.

§ 65.2-504. Compensation for disability from coal worker's pneumoconiosis; insurance of coal operator.

A. An employee eligible for an award for coal worker's pneumoconiosis benefits shall be compensated according to the following schedule:

1. For first stage coal worker's pneumoconiosis medically determined from radiographic evidence and classified under International Labour Office Classification of Radiographs of the Pneumoconioses (1980) where there is no present impairment for work, 66 2/3 percent of the average weekly wage during the three years prior to the filing dateas defined in § 65.2-101, for fifty weeks, up to 100 percent of the average weekly wage of the Commonwealth as defined in § 65.2-500.

2. For second stage coal worker's pneumoconiosis medically determined from radiographic evidence and classified under International Labour Office Classification of Radiographs of the Pneumoconioses (1980) where there is no present impairment for work, 66 2/3 percent of the average weekly wages wage as defined in § 65.2-101 for 100 weeks, up to 100 percent of the average weekly wage of the Commonwealth as defined in § 65.2-500.

3. For third stage coal worker's pneumoconiosis medically determined from radiographic evidence and classified under International Labour Office Classification of Radiographs of the Pneumoconioses (1980) and involving progressive massive fibrosis or medically classified as being A, B or C under the International Labour Office (hereafter referred to as I.L.O.) classifications but where there is no apparent impairment for work, 66 2/3 percent of the average weekly wageswage as defined in § 65.2-101, for 300 weeks, up to 100 percent of the average weekly wage of the Commonwealth as defined in § 65.2-500.

4. For coal worker's pneumoconiosis medically determined to be A, B or C under the I.L.O. classifications or which involves progressive massive fibrosis, or for any stage of coal worker's pneumoconiosis when it is accompanied by sufficient pulmonary function loss as shown by approved medical tests and standards to render an employee totally unable to do manual labor in a dusty environment and the employee is instructed by competent medical authority not to attempt to do work in any mine or dusty environment and if he is in fact not working, it shall be deemed that he has a permanent disability and he shall receive 66 2/3 percent of his average weekly wages wage as defined in § 65.2-101 during the three years prior to the date of filing of the claim, up to 100 percent of the average weekly wage of the Commonwealth as defined in § 65.2-500 for his lifetime without limit as to the total amount.

B. In any case where partial disability as mentioned in subsection A of this section later results in total disability, the employer shall receive credit on any permanent disability payments by being allowed to deduct 25 percent of each weekly payment until payments for partial disability hereunder have been fully accounted for.

C. In any case where there is a question of whether a claimant with pneumoconiosis is suffering from coal worker's pneumoconiosis or from some other type of pneumoconiosis such as silicosis, it shall be conclusively presumed that he is suffering from coal worker's pneumoconiosis if he has had injurious exposure to coal dust.

D. In the event that any coal operator wishes to insure himself under standard workers' compensation insurance rather than be self-insured against the risks and liabilities imposed by this section or by § 65.2-513, any such insurance issued in this Commonwealth covering such risks shall be rated separately for premium purposes and shall not affect workers' compensation rates for any other employers not exposed to such risks.