SB351: Workers' compensation; permanent and total incapacity, subsequent accident.
Be it enacted by the General Assembly of Virginia:
1. That § 65.2-503 of the Code of Virginia is 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 resulting from an injury not otherwise compensated by this section
not exceeding 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 either from the same accident or a
compensable consequence of an injury sustained in the original 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.
Be it enacted by the General Assembly of Virginia:
1. That § 65.2-503 of the Code of Virginia is 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 resulting from an injury not otherwise compensated by this section
not exceeding 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 either from the same accident or a
compensable consequence of an injury sustained in the original 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.
SENATE BILL NO. 351
Be it enacted by the General Assembly of Virginia:
1. That § 65.2-503 of the Code of Virginia is 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 resulting from an injury not otherwise compensated by this section
not exceeding 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 either from the same accident or a compensable
consequence of an injury sustained
in the original 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.