65.2-300 - Presumption of acceptance of provisions of title; exemptions; notice and rejection.
§ 65.2-300. Presumption of acceptance of provisions of title; exemptions;notice and rejection.
A. Every employer and employee, except as herein stated, shall beconclusively presumed to have accepted the provisions of this titlerespectively to pay and accept compensation for personal injury or death byaccident arising out of and in the course of the employment and shall bebound thereby. Except as otherwise provided herein, no contract or agreement,written or implied, and no rule, regulation or other device shall in anymanner operate to relieve any employer in whole or in part of any obligationcreated by this title.
B. An executive officer may reject coverage under this title for injury ordeath by accident, but not with respect to occupational disease, if prior tosuch accident, notice is given to the employer and filed with the Commissionin the manner described herein.
The notice shall be in substantially the form prescribed by the Commissionand shall be given by the executive officer by sending the same in aregistered letter, addressed to the employer at his last known address orplace of business, or by giving it personally to the employer or any of hisagents upon whom a summons in a civil action may be served under the laws ofthe Commonwealth. A copy of the notice in prescribed form shall also be filedwith the Commission. Such notice shall be effective as of the last to occurof (i) the date of the inception of the policy or (ii) the delivery of suchnotice to the employer as provided in this subsection.
C. An executive officer who rejects coverage under this title shall, in anyaction to recover damages for personal injury or death brought against anemployer accepting the compensation provisions of this title, proceed atcommon law, and the employer may avail himself of the defenses ofcontributory negligence, negligence of a fellow servant and assumption ofrisk, as such defenses exist at common law.
D. An executive officer who has rejected coverage under this title maynevertheless by notice revoke such rejection and thereby accept coverageunder the provisions of this title. A notice revoking such rejection shall begiven to the employer and a copy filed with the Commission in the mannerprovided for rejecting such coverage. Coverage under this title shall not beextended to injuries that occur within five days of the giving of such notice.
(Code 1950, §§ 65-20, 65-22, 65-23, 65-34, 65-40; 1968, c. 660, §§ 65.1-23,65.1-25, 65.1-26, 65.1-37, 65.1-44; 1972, c. 619; 1973, c. 542; 1991, c. 355;2000, c. 530.)