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ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
1995 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 65.2-101 of the Code of Virginia, as it is currently effective and as it may become effective, is amended and reenacted as follows:
§ 65.2-101. Definitions.
As used in this title:
"Award" means the grant or denial of benefits or other relief under this title or any rule adopted pursuant thereto.
"Average weekly wage" means:
A. 1. a. The earnings of the injured employee in the employment
in which he was working at the time of the injury during the period of
fifty-two weeks immediately preceding the date of the injury, divided by
fifty-two; but if the injured employee lost more than seven consecutive
calendar days during such period, although not in the same week, then the
earnings for the remainder of the fifty-two weeks shall be divided by the
number of weeks remaining after the time so lost has been deducted. When the
employment prior to the injury extended over a period of less than fifty-two
weeks, the method of dividing the earnings during that period by the number
of weeks and parts thereof during which the employee earned wages shall be
followed, provided that results fair and just to both parties will be thereby
obtained. When, by reason of a shortness of time during which the employee
has been in the employment of his employer or the casual nature or terms of
his employment, it is impractical to compute the average weekly wages as
above defined, regard shall be had to the average weekly amount which during
the fifty-two weeks previous to the injury was being earned by a person of
the same grade and character employed in the same class of employment in the
same locality or community.
2. b. When for exceptional reasons the foregoing would be
unfair either to the employer or employee, such other method of computing
average weekly wages may be resorted to as will most nearly approximate the
amount which the injured employee would be earning were it not for the
injury.
B. 2. Whenever allowances of any character made to an employee
in lieu of wages are a specified part of the wage contract, they shall be
deemed a part of his earnings. For the purpose of this title, the average
weekly wage of the members of the Virginia National Guard and the Virginia
State Defense Force, registered members on duty or in training of the United
States Civil Defense Corps of this Commonwealth, and forest wardens shall be
deemed to be such amount as will entitle them to the maximum compensation
payable under this title; however, any award entered under the provisions of
this title on behalf of members of the National Guard or their dependents, or
registered members on duty or in training of the United States Civil Defense
Corps of this Commonwealth or their dependents, shall be subject to credit
for benefits paid them under existing or future federal law on account of
injury or occupational disease covered by the provisions of this title.
C. 3. Whenever volunteer firefighters, volunteer lifesaving or
volunteer rescue squad members, volunteer law-enforcement chaplains,
auxiliary or reserve police, and auxiliary or reserve deputy
sheriffs, and members of volunteer search and rescue organizations are
deemed employees under this title, their average weekly wage shall be deemed
sufficient to produce the minimum compensation provided by this title for
injured workers or their dependents.
D. 4. The average weekly wage of persons, other than those
covered in subdivision C 3 of this definition, who respond to a
hazardous materials incident at the request of the Department of Emergency
Services shall be based upon the earnings of such persons from their primary
employers.
"Change in condition" means a change in physical condition of the employee as well as any change in the conditions under which compensation was awarded, suspended, or terminated which would affect the right to, amount of, or duration of compensation.
"Commission" means the Virginia Workers' Compensation Commission as well as its former designation as the Virginia Industrial Commission.
"Employee" means:
A. 1. a. Every person, including a minor, in the service of
another under any contract of hire or apprenticeship, written or implied,
except (i) one whose employment is not in the usual course of the trade,
business, occupation or profession of the employer or (ii) as otherwise
provided in subsection B subdivision 2 of this
definition.
2. b. Any apprentice, trainee, or retrainee who is regularly
employed while receiving training or instruction outside of regular working
hours and off the job, so long as the training or instruction is related to
his employment and is authorized by his employer.
3. c. Members of the Virginia National Guard, whether on duty
in a paid or unpaid status or when performing voluntary service to their unit
in a nonduty status at the request of their commander.
Income benefits for members of the National Guard shall be terminated when they are able to return to their customary civilian employment or self-employment. If they are neither employed nor self-employed, those benefits shall terminate when they are able to return to their military duties. If a member of the National Guard who is fit to return to his customary civilian employment or self-employment remains unable to perform his military duties and thereby suffers loss of military pay which he would otherwise have earned, he shall be entitled to one day of income benefits for each unit training assembly or day of paid training which he is unable to attend.
4. d. Members of the Virginia State Defense Force.
5. e. Registered members of the United States Civil Defense
Corps of this Commonwealth, whether on duty or in training.
6. f. Except as provided in subsection B
subdivision 2 of this definition, all officers and employees of
the Commonwealth, including forest wardens, judges, clerks, deputy clerks and
employees of juvenile and domestic relations district courts and general
district courts, who shall be deemed employees of the Commonwealth.
7. g. Except as provided in subsection B
subdivision 2 of this definition, all officers and employees of a
municipal corporation or political subdivision of the Commonwealth.
8. h. Except as provided in subsection B
subdivision 2 of this definition, every executive officer,
including president, vice president, secretary, treasurer or other officer,
elected or appointed in accordance with the charter and bylaws of a
corporation, municipal or otherwise.
9. i. Policemen and firefighters, sheriffs and their deputies,
town sergeants and their deputies, county and city commissioners of the
revenue, county and city treasurers, attorneys for the Commonwealth, and
clerks of circuit courts and their deputies, officers and employees, who
shall be deemed employees of the respective cities, counties and towns in
which their services are employed and by whom their salaries are paid or in
which their compensation is earnable.
10. j. Members of the governing body of any county, city or
town in the Commonwealth, whenever coverage under this title is extended to
such members by resolution or ordinance duly adopted.
11. k. Volunteers, officers and employees of any commission or
board of any authority created or controlled by a local governing body, or
any local agency or public service corporation owned, operated or controlled
by such local governing body, whenever coverage under this title is
authorized by resolution or ordinance duly adopted by the governing board of
any county, city, town, or any political subdivision thereof.
12. l. Except as provided in subsection B
subdivision 2 of this definition, volunteer firefighters,
volunteer lifesaving or rescue squad members, volunteer law-enforcement
chaplains, auxiliary or reserve police and, auxiliary or
reserve deputy sheriffs and members of volunteer search and rescue
organizations, who shall be deemed employees of (i) the political
subdivision or state institution of higher education in which the principal
office of such volunteer fire company, volunteer lifesaving or rescue squad,
volunteer law-enforcement chaplains, auxiliary or reserve police force
or, auxiliary or reserve deputy sheriff force or members of
volunteer search and rescue organizations is located if the governing
body of such political subdivision or state institution of higher education
has adopted a resolution acknowledging such volunteer firefighters, volunteer
lifesaving or rescue squad members, volunteer law-enforcement chaplains,
auxiliary or reserve police or, auxiliary or reserve deputy
sheriffs or members of volunteer search and rescue organizations as
employees for the purposes of this title or (ii) in the case of volunteer
firefighters or volunteer lifesaving or rescue squad members, the companies
or squads for which volunteer services are provided whenever such companies
or squads elect to be included as an employer under this title.
13. m. Volunteer firefighters, volunteer lifesaving or rescue
squad members, volunteer law-enforcement chaplains, auxiliary or reserve
police, auxiliary or reserve deputy sheriffs, members of volunteer search
and rescue organizations and any other persons who respond to a
hazardous materials an incident upon request of the Department of
Emergency Services pursuant to a plan or agreement developed under §
44-146.35 or § 44-146.36, who shall be deemed employees of the Department
of Emergency Services for the purposes of this title.
14. n. Any sole proprietor or all partners of a business
electing to be included as an employee under the workers' compensation
coverage of such business if the insurer is notified of this election. Any
sole proprietor or the partners shall, upon such election, be entitled to
employee benefits and be subject to employee responsibilities prescribed in
this title.
When any partner or proprietor is entitled to receive coverage under this title, such person shall be subject to all provisions of this title as if he were an employee; however, the notices required under §§ 65.2-405 and 65.2-600 of this title shall be given to the insurance carrier, and the panel of physicians required under § 65.2-603 shall be selected by the insurance carrier.
15. o. The independent contractor of any employer subject to
this title at the election of such employer provided (i) the independent
contractor agrees to such inclusion and (ii) unless the employer is
self-insured, the employer's insurer agrees in writing to such inclusion. All
or part of the cost of the insurance coverage of the independent contractor
may be borne by the independent contractor.
When any independent contractor is entitled to receive coverage under this section, such person shall be subject to all provisions of this title as if he were an employee, provided that the notices required under §§ 65.2-405 and 65.2-600 are given either to the employer or its insurance carrier.
However, nothing in this title shall be construed to make the employees of any independent contractor the employees of the person or corporation employing or contracting with such independent contractor.
16. p. The legal representative, dependents and any other
persons to whom compensation may be payable when any person covered as an
employee under this title shall be deceased.
17. q. Jail officers and jail superintendents employed by
regional jails or jail farm boards or authorities, whether created pursuant
to Article 3.1 (§ 53.1-95.2 et seq.) or Article 5 (§ 53.1-105 et seq.) of
Chapter 3 of Title 53.1, or an act of assembly.
B. 2. "Employee" shall not mean:
1. a. Officers and employees of the Commonwealth who are
elected by the General Assembly, or appointed by the Governor, either with or
without the confirmation of the Senate. This exception shall not apply to any
"state employee" as defined in § 51.1-101 51.1-124.3 nor to
Supreme Court Justices, judges of the Court of Appeals, judges of the circuit
or district courts, members of the Workers' Compensation Commission and the
State Corporation Commission, or the Superintendent of State Police.
2. b. Officers and employees of municipal corporations and
political subdivisions of the Commonwealth who are elected by the people or
by the governing bodies, and who act in purely administrative capacities and
are to serve for a definite term of office.
3. c. Any person who is a licensed real estate salesperson, or
a licensed real estate broker associated with a real estate broker, if (i)
substantially all of the salesperson's or associated broker's remuneration is
derived from real estate commissions, (ii) the services of the salesperson or
associated broker are performed under a written contract specifying that the
salesperson is an independent contractor, and (iii) such contract includes a
provision that the salesperson or associated broker will not be treated as an
employee for federal income tax purposes.
4. d. Any taxicab or executive sedan driver, provided the
Commission is furnished evidence that such individual is excluded from
taxation by the Federal Unemployment Tax Act.
5. e. Casual employees.
6. f. Domestic servants.
7. g. Farm and horticultural laborers, unless the employer
regularly has in service more than two full-time employees.
8. h. Employees of any person, firm or private corporation,
including any public service corporation, that has regularly in service less
than three employees in the same business within this Commonwealth, unless
such employees and their employers voluntarily elect to be bound by this
title. However, this exemption shall not apply to the operators of
underground coal mines or their employees. An executive officer who is not
paid salary or wages on a regular basis at an agreed upon amount and who
rejects coverage under this title pursuant to § 65.2-300 shall not be
included as an employee for purposes of this subdivision.
9. i. Employees of any common carrier by railroad engaging in
commerce between any of the several states or territories or between the
District of Columbia and any of the states or territories and any foreign
nation or nations, and any person suffering injury or death while he is
employed by such carrier in such commerce. This title shall not be construed
to lessen the liability of any such common carrier or to diminish or take
away in any respect any right that any person so employed, or the personal
representative, kindred or relation, or dependent of such person, may have
under the act of Congress relating to the liability of common carriers by
railroad to their employees in certain cases, approved April 22, 1908, or
under §§ 8.01-57 through 8.01-62 or § 56-441.
10. j. Employees of common carriers by railroad who are engaged
in intrastate trade or commerce. However, this title shall not be construed
to lessen the liability of such common carriers or take away or diminish any
right that any employee or, in case of his death, the personal representative
of such employee of such common carrier may have under §§ 8.01-57 through
8.01-61 or § 56-441.
11. k. Except as provided in subsection A
subdivision 1 of this definition, a member of a volunteer
fire-fighting, lifesaving or rescue squad when engaged in activities related
principally to participation as a member of such squad whether or not the
volunteer continues to receive compensation from his employer for time away
from the job.
12. l. Except as otherwise provided in this title,
noncompensated employees and noncompensated directors of corporations exempt
from taxation pursuant to § 501 (c) (3) of Title 26 of the United States Code
(Internal Revenue Code of 1954).
B. "Employer" includes (i) any person, the Commonwealth or any
political subdivision thereof and any individual, firm, association or
corporation, or the receiver or trustee of the same, or the legal
representative of a deceased employer, using the service of another for pay
and (ii) any volunteer fire company or volunteer lifesaving or rescue squad
electing to be included and maintaining coverage as an employer under this
title. If the employer is insured, it includes his insurer so far as
applicable.
"Executive officer" means the president, vice president, secretary, treasurer or other officer, elected or appointed in accordance with the charter and bylaws of a corporation. However, such term does not include noncompensated officers of corporations exempt from taxation pursuant to § 501 (c) (3) of Title 26 of the United States Code (Internal Revenue Code of 1954).
"Filed" means hand delivered to the Commission's office in Richmond or any regional office maintained by the Commission; sent by telegraph, electronic mail or facsimile transmission; or posted at any post office of the United States Postal Service by certified or registered mail. Filing by first-class mail, telegraph, electronic mail or facsimile transmission shall be deemed completed only when the application actually reaches a Commission office.
"Injury" means only injury by accident arising out of and in the course of the employment or occupational disease as defined in Chapter 4 (§ 65.2-400 et seq.) of this title and does not include a disease in any form, except when it results naturally and unavoidably from either of the foregoing causes.
§ 65.2-101. (Delayed effective date) Definitions.
As used in this title:
"Award" means the grant or denial of benefits or other relief under this title or any rule adopted pursuant thereto.
"Average weekly wage" means:
A. 1. a. The earnings of the injured employee in the employment
in which he was working at the time of the injury during the period of
fifty-two weeks immediately preceding the date of the injury, divided by
fifty-two; but if the injured employee lost more than seven consecutive
calendar days during such period, although not in the same week, then the
earnings for the remainder of the fifty-two weeks shall be divided by the
number of weeks remaining after the time so lost has been deducted. When the
employment prior to the injury extended over a period of less than fifty-two
weeks, the method of dividing the earnings during that period by the number
of weeks and parts thereof during which the employee earned wages shall be
followed, provided that results fair and just to both parties will be thereby
obtained. When, by reason of a shortness of time during which the employee
has been in the employment of his employer or the casual nature or terms of
his employment, it is impractical to compute the average weekly wages as
above defined, regard shall be had to the average weekly amount which during
the fifty-two weeks previous to the injury was being earned by a person of
the same grade and character employed in the same class of employment in the
same locality or community.
2. b. When for exceptional reasons the foregoing would be
unfair either to the employer or employee, such other method of computing
average weekly wages may be resorted to as will most nearly approximate the
amount which the injured employee would be earning were it not for the
injury.
B. 2. Whenever allowances of any character made to an employee
in lieu of wages are a specified part of the wage contract, they shall be
deemed a part of his earnings. For the purpose of this title, the average
weekly wage of the members of the Virginia National Guard and the Virginia
State Defense Force, registered members on duty or in training of the United
States Civil Defense Corps of this Commonwealth, and forest wardens shall be
deemed to be such amount as will entitle them to the maximum compensation
payable under this title; however, any award entered under the provisions of
this title on behalf of members of the National Guard or their dependents, or
registered members on duty or in training of the United States Civil Defense
Corps of this Commonwealth or their dependents, shall be subject to credit
for benefits paid them under existing or future federal law on account of
injury or occupational disease covered by the provisions of this title.
C. 3. Whenever volunteer firefighters, volunteer lifesaving or
volunteer rescue squad members, volunteer law-enforcement chaplains,
auxiliary or reserve police, and auxiliary or reserve deputy
sheriffs, and members of volunteer search and rescue organizations are
deemed employees under this title, their average weekly wage shall be deemed
sufficient to produce the minimum compensation provided by this title for
injured workers or their dependents.
D. 4. The average weekly wage of persons, other than those
covered in subdivision C 3 of this definition, who respond to a
hazardous materials incident at the request of the Department of Emergency
Services shall be based upon the earnings of such persons from their primary
employers.
"Change in condition" means a change in physical condition of the employee as well as any change in the conditions under which compensation was awarded, suspended, or terminated which would affect the right to, amount of, or duration of compensation.
"Commission" means the Virginia Workers' Compensation Commission as well as its former designation as the Virginia Industrial Commission.
"Employee" means:
A. 1. a. Every person, including a minor, in the service of
another under any contract of hire or apprenticeship, written or implied,
except (i) one whose employment is not in the usual course of the trade,
business, occupation or profession of the employer or (ii) as otherwise
provided in subsection B subdivision 2 of this
definition.
2. b. Any apprentice, trainee, or retrainee who is regularly
employed while receiving training or instruction outside of regular working
hours and off the job, so long as the training or instruction is related to
his employment and is authorized by his employer.
3. c. Members of the Virginia National Guard, whether on duty
in a paid or unpaid status or when performing voluntary service to their unit
in a nonduty status at the request of their commander.
Income benefits for members of the National Guard shall be terminated when they are able to return to their customary civilian employment or self-employment. If they are neither employed nor self-employed, those benefits shall terminate when they are able to return to their military duties. If a member of the National Guard who is fit to return to his customary civilian employment or self-employment remains unable to perform his military duties and thereby suffers loss of military pay which he would otherwise have earned, he shall be entitled to one day of income benefits for each unit training assembly or day of paid training which he is unable to attend.
4. d. Members of the Virginia State Defense Force.
5. e. Registered members of the United States Civil Defense
Corps of this Commonwealth, whether on duty or in training.
6. f. Except as provided in subsection B
subdivision 2 of this definition, all officers and employees of
the Commonwealth, including forest wardens, judges, clerks, deputy clerks and
employees of family courts and general district courts, who shall be deemed
employees of the Commonwealth.
7.g. Except as provided in subsection B
subdivision 2 of this definition, all officers and employees of a
municipal corporation or political subdivision of the Commonwealth.
8.h. Except as provided in subsection B
subdivision 2 of this definition, every executive officer, including
president, vice president, secretary, treasurer or other officer, elected or
appointed in accordance with the charter and bylaws of a corporation,
municipal or otherwise.
9.i. Policemen and firefighters, sheriffs and their deputies,
town sergeants and their deputies, county and city commissioners of the
revenue, county and city treasurers, attorneys for the Commonwealth, and
clerks of circuit courts and their deputies, officers and employees, who
shall be deemed employees of the respective cities, counties and towns in
which their services are employed and by whom their salaries are paid or in
which their compensation is earnable.
10.j. Members of the governing body of any county, city or town
in the Commonwealth, whenever coverage under this title is extended to such
members by resolution or ordinance duly adopted.
11. k. Volunteers, officers and employees of any commission or
board of any authority created or controlled by a local governing body, or
any local agency or public service corporation owned, operated or controlled
by such local governing body, whenever coverage under this title is
authorized by resolution or ordinance duly adopted by the governing board of
any county, city, town, or any political subdivision thereof.
12.l. Except as provided in subsection B
subdivision 2 of this definition, volunteer firefighters,
volunteer lifesaving or rescue squad members, volunteer law-enforcement
chaplains, auxiliary or reserve police and, auxiliary or
reserve deputy sheriffs and members of volunteer search and rescue
organizations, who shall be deemed employees of (i) the political
subdivision or state institution of higher education in which the principal
office of such volunteer fire company, volunteer lifesaving or rescue squad,
volunteer law-enforcement chaplains, auxiliary or reserve police force
or, auxiliary or reserve deputy sheriff force or members of
volunteer search and rescue organizations is located if the governing
body of such political subdivision or state institution of higher education
has adopted a resolution acknowledging such volunteer firefighters, volunteer
lifesaving or rescue squad members, volunteer law-enforcement chaplains,
auxiliary or reserve police or, auxiliary or reserve deputy
sheriffs or members of volunteer search and rescue organizations as
employees for the purposes of this title or (ii) in the case of volunteer
firefighters or volunteer lifesaving or rescue squad members, the companies
or squads for which volunteer services are provided whenever such companies
or squads elect to be included as an employer under this title.
13.m. Volunteer firefighters, volunteer lifesaving or rescue
squad members, volunteer law-enforcement chaplains, auxiliary or reserve
police, auxiliary or reserve deputy sheriffs, members of volunteer search
and rescue organizations and any other persons who respond to a
hazardous materials an incident upon request of the Department of
Emergency Services pursuant to a plan or agreement developed under §
44-146.35 or § 44-146.36, who shall be deemed employees of the Department
of Emergency Services for the purposes of this title.
14.n. Any sole proprietor or all partners of a business
electing to be included as an employee under the workers' compensation
coverage of such business if the insurer is notified of this election. Any
sole proprietor or the partners shall, upon such election, be entitled to
employee benefits and be subject to employee responsibilities prescribed in
this title.
When any partner or proprietor is entitled to receive coverage under this title, such person shall be subject to all provisions of this title as if he were an employee; however, the notices required under §§ 65.2-405 and 65.2-600 of this title shall be given to the insurance carrier, and the panel of physicians required under § 65.2-603 shall be selected by the insurance carrier.
15.o. The independent contractor of any employer subject to
this title at the election of such employer provided (i) the independent
contractor agrees to such inclusion and (ii) unless the employer is
self-insured, the employer's insurer agrees in writing to such inclusion. All
or part of the cost of the insurance coverage of the independent contractor
may be borne by the independent contractor.
When any independent contractor is entitled to receive coverage under this section, such person shall be subject to all provisions of this title as if he were an employee, provided that the notices required under §§ 65.2-405 and 65.2-600 are given either to the employer or its insurance carrier.
However, nothing in this title shall be construed to make the employees of any independent contractor the employees of the person or corporation employing or contracting with such independent contractor.
16.p. The legal representative, dependents and any other
persons to whom compensation may be payable when any person covered as an
employee under this title shall be deceased.
17.q. Jail officers and jail superintendents employed by
regional jails or jail farm boards or authorities, whether created pursuant
to Article 3.1 (§ 53.1-95.2 et seq.) or Article 5 (§ 53.1-105 et seq.) of
Chapter 3 of Title 53.1, or an act of assembly.
B. 2. "Employee" shall not mean:
1.a. Officers and employees of the Commonwealth who are elected
by the General Assembly, or appointed by the Governor, either with or without
the confirmation of the Senate. This exception shall not apply to any "state
employee" as defined in § 51.1-124.3 nor to Supreme Court Justices, judges of
the Court of Appeals, judges of the circuit or district courts, members of
the Workers' Compensation Commission and the State Corporation Commission, or
the Superintendent of State Police.
2.b. Officers and employees of municipal corporations and
political subdivisions of the Commonwealth who are elected by the people or
by the governing bodies, and who act in purely administrative capacities and
are to serve for a definite term of office.
3.c. Any person who is a licensed real estate salesperson, or a
licensed real estate broker associated with a real estate broker, if (i)
substantially all of the salesperson's or associated broker's remuneration is
derived from real estate commissions, (ii) the services of the salesperson or
associated broker are performed under a written contract specifying that the
salesperson is an independent contractor, and (iii) such contract includes a
provision that the salesperson or associated broker will not be treated as an
employee for federal income tax purposes.
4.d. Any taxicab or executive sedan driver, provided the
Commission is furnished evidence that such individual is excluded from
taxation by the Federal Unemployment Tax Act.
5.e. Casual employees.
6.f. Domestic servants.
7.g. Farm and horticultural laborers, unless the employer
regularly has in service more than two full-time employees.
8.h. Employees of any person, firm or private corporation,
including any public service corporation, that has regularly in service less
than three employees in the same business within this Commonwealth, unless
such employees and their employers voluntarily elect to be bound by this
title. However, this exemption shall not apply to the operators of
underground coal mines or their employees. An executive officer who is not
paid salary or wages on a regular basis at an agreed upon amount and who
rejects coverage under this title pursuant to § 65.2-300 shall not be
included as an employee for purposes of this subdivision.
9.i. Employees of any common carrier by railroad engaging in
commerce between any of the several states or territories or between the
District of Columbia and any of the states or territories and any foreign
nation or nations, and any person suffering injury or death while he is
employed by such carrier in such commerce. This title shall not be construed
to lessen the liability of any such common carrier or to diminish or take
away in any respect any right that any person so employed, or the personal
representative, kindred or relation, or dependent of such person, may have
under the act of Congress relating to the liability of common carriers by
railroad to their employees in certain cases, approved April 22, 1908, or
under §§ 8.01-57 through 8.01-62 or § 56-441.
10.j. Employees of common carriers by railroad who are engaged
in intrastate trade or commerce. However, this title shall not be construed
to lessen the liability of such common carriers or take away or diminish any
right that any employee or, in case of his death, the personal representative
of such employee of such common carrier may have under §§ 8.01-57 through
8.01-61 or § 56-441.
11.k. Except as provided in subsection A
subdivision 1 of this definition, a member of a volunteer
fire-fighting, lifesaving or rescue squad when engaged in activities related
principally to participation as a member of such squad whether or not the
volunteer continues to receive compensation from his employer for time away
from the job.
12.l. Except as otherwise provided in this title,
noncompensated employees and noncompensated directors of corporations exempt
from taxation pursuant to § 501 (c) (3) of Title 26 of the United States Code
(Internal Revenue Code of 1954).
"Employer" includes (i) any person, the Commonwealth or any political subdivision thereof and any individual, firm, association or corporation, or the receiver or trustee of the same, or the legal representative of a deceased employer, using the service of another for pay and (ii) any volunteer fire company or volunteer lifesaving or rescue squad electing to be included and maintaining coverage as an employer under this title. If the employer is insured, it includes his insurer so far as applicable.
"Executive officer" means the president, vice president, secretary, treasurer or other officer, elected or appointed in accordance with the charter and bylaws of a corporation. However, such term does not include noncompensated officers of corporations exempt from taxation pursuant to § 501 (c) (3) of Title 26 of the United States Code (Internal Revenue Code of 1954).
"Filed" means hand delivered to the Commission's office in Richmond or any regional office maintained by the Commission; sent by telegraph, electronic mail or facsimile transmission; or posted at any post office of the United States Postal Service by certified or registered mail. Filing by first-class mail, telegraph, electronic mail or facsimile transmission shall be deemed completed only when the application actually reaches a Commission office.
"Injury" means only injury by accident arising out of and in the course of the employment or occupational disease as defined in Chapter 4 (§ 65.2-400 et seq.) of this title and does not include a disease in any form, except when it results naturally and unavoidably from either of the foregoing causes.