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Developed and maintained by the Division of Legislative Automated Systems.
1997 SESSION
Be it enacted by the General Assembly of Virginia:
1. That §§ 65.2-500, 65.2-502, 65.2-503 and 65.2-518 of the Code of Virginia are amended and reenacted as follows:
§ 65.2-500. Compensation for total incapacity; computation of average wage.
A. When the incapacity for work resulting from the injury is total, the employer shall pay, or cause to be paid, as hereinafter provided, to the injured employee during such total incapacity, a weekly compensation equal to 66 2/3 percent of his average weekly wages, with a minimum not less than 25 percent and a maximum of not more than 100 percent of the average weekly wage of the Commonwealth as defined herein. In any event, income benefits shall not exceed the average weekly wage of the injured employee. Any farm employer who continues to furnish benefits while the employee is incapacitated shall be given credit for the value of such benefits so furnished when computing the compensation due the employee.
B. For the purpose of this section the average wage in the Commonwealth shall be determined by the Commission as follows: On or before January 1 of each year, the total wages, excluding wages of United States government employees, reported on contribution reports to the Virginia Employment Commission for the twelve-month period ending the preceding June 30 shall be divided by the average monthly number of insured workers (determined by dividing the total insured workers reported for that twelve-month period by twelve). The average annual wage thus obtained shall be divided by fifty-two and the average weekly wage thus determined rounded to the nearest dollar. The average weekly wage as so determined shall be applicable for the full period during which income benefits are payable, when the date of occurrence of injury or of disablement in the case of disease falls within the year commencing with the July 1 following the date of determination.
C. The minimum or the maximum weekly income benefits shall not be changed for any year unless the computation herein provided results in an increase or decrease of two dollars or more, raised to the next even dollar in the level of the minimum or the maximum weekly income benefits.
D. In no case shall the period covered by such compensation be greater
than 500 weeks, nor shall the total amount of all compensation exceed the
result obtained by multiplying the average weekly wage of the Commonwealth as
defined herein for the applicable year by 500, except that The
weekly compensation on account of total and permanent incapacity as defined by
§ 65.2-503 C shall continue for the lifetime of the injured employee
without limit as to total amount.
§ 65.2-502. Compensation for partial incapacity.
Except as otherwise provided in § 65.2-503 or § 65.2-510, when the
incapacity for work resulting from the injury is partial, the employer shall
pay, or cause to be paid, as hereinafter provided, to the injured employee
during such incapacity a weekly compensation equal to 66 2/3 percent of the
difference between his average weekly wages before the injury and the average
weekly wages which he is able to earn thereafter, but not more than 100 percent
of the average weekly wage of the Commonwealth as defined in §
65.2-500. In no case shall the period covered by such compensation be
greater than 500 weeks. In case the partial incapacity begins after a
period of total incapacity, the latter period shall be deducted from the
maximum period herein allowed for partial incapacity.
§ 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:
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
resulting from an injury not otherwise not exceeding
compensated by this section ............... 60 weeks.
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 and subdivision F 2 of this
section, the weekly compensation payments referred to in this section
shall all be subject to the same limitations as to maximum and
minimum as set out in § 65.2-500.
F. 1. Compensation awarded pursuant to this section shall be in
addition to all other compensation and 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.
§ 65.2-518. Limitation upon total compensation.
The total compensation payable under this title shall in no case be
greater than 500 weeks nor shall it exceed the result obtained by
multiplying the average weekly wage of the Commonwealth as defined in §
65.2-500 for the applicable year by 500, except in cases of total
permanent and total incapacity as defined in § 65.2-503
C and in cases of permanent disability under subdivision A 4 of
§ 65.2-504 and death from coal worker's pneumoconiosis under §
65.2-513.