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ACROSS SESSIONS
- Subject Index: Since 1995
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Developed and maintained by the Division of Legislative Automated Systems.
1995 SESSION
LD8681611Patrons--Bell, Barry, Benedetti, Chichester, Holland, R.J., Nolen, Norment, Schewel and Stolle; Delegates: Abbitt, Croshaw, Diamonstein, Nelms, Nixon, Purkey, Shuler and Tata
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. (For effective date - See note) 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, auxiliary or reserve deputy sheriffs
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 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, 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,
auxiliary or reserve deputy sheriff force 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 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 and any other persons
who respond to a hazardous materials 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. However, such term does not include any injury, disease or condition resulting from an employee’s participation in employer-sponsored recreational or social activities.
§ 65.2-101. (Delayed effective date - See notes) 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 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 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, 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 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 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 and any other persons
who respond to a hazardous materials 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. However, such term does not include any injury, disease or condition resulting from an employee’s participation in employer-sponsored recreational or social activities.