65.2-504 - Compensation for disability from coal worker's pneumoconiosis; insurance of coal operator.
§ 65.2-504. Compensation for disability from coal worker's pneumoconiosis;insurance of coal operator.
A. An employee eligible for an award for coal worker's pneumoconiosisbenefits shall be compensated according to the following schedule:
1. For first stage coal worker's pneumoconiosis medically determined fromradiographic evidence and classified under International Labour OfficeClassification of Radiographs of the Pneumoconioses (1980) where there is nopresent impairment for work, 66 2/3 percent of the average weekly wage asdefined in § 65.2-101, for fifty weeks, up to 100 percent of the averageweekly wage of the Commonwealth as defined in § 65.2-500.
2. For second stage coal worker's pneumoconiosis medically determined fromradiographic evidence and classified under International Labour OfficeClassification of Radiographs of the Pneumoconioses (1980) where there is nopresent impairment for work, 66 2/3 percent of the average weekly wage asdefined in § 65.2-101 for 100 weeks, up to 100 percent of the average weeklywage of the Commonwealth as defined in § 65.2-500.
3. For third stage coal worker's pneumoconiosis medically determined fromradiographic evidence and classified under International Labour OfficeClassification of Radiographs of the Pneumoconioses (1980) and involvingprogressive massive fibrosis or medically classified as being A, B or C underthe International Labour Office (hereafter referred to as I.L.O.)classifications but where there is no apparent impairment for work, 66 2/3percent of the average weekly wage as defined in § 65.2-101, for 300 weeks,up to 100 percent of the average weekly wage of the Commonwealth as definedin § 65.2-500.
4. For coal worker's pneumoconiosis medically determined to be A, B or Cunder the I.L.O. classifications or which involves progressive massivefibrosis, or for any stage of coal worker's pneumoconiosis when it isaccompanied by sufficient pulmonary function loss as shown by approvedmedical tests and standards to render an employee totally unable to do manuallabor in a dusty environment and the employee is instructed by competentmedical authority not to attempt to do work in any mine or dusty environmentand if he is in fact not working, it shall be deemed that he has a permanentdisability and he shall receive 66 2/3 percent of his average weekly wage asdefined in § 65.2-101 during the three years prior to the date of filing ofthe claim, up to 100 percent of the average weekly wage of the Commonwealthas defined in § 65.2-500 for his lifetime without limit as to the totalamount.
B. In any case where partial disability as mentioned in subsection A of thissection later results in total disability, the employer shall receive crediton any permanent disability payments by being allowed to deduct 25 percent ofeach weekly payment until payments for partial disability hereunder have beenfully accounted for.
C. In any case where there is a question of whether a claimant withpneumoconiosis is suffering from coal worker's pneumoconiosis or from someother type of pneumoconiosis such as silicosis, it shall be conclusivelypresumed that he is suffering from coal worker's pneumoconiosis if he has hadinjurious exposure to coal dust.
D. In the event that any coal operator wishes to insure himself understandard workers' compensation insurance rather than be self-insured againstthe risks and liabilities imposed by this section or by § 65.2-513, any suchinsurance issued in this Commonwealth covering such risks shall be ratedseparately for premium purposes and shall not affect workers' compensationrates for any other employers not exposed to such risks.
E. All members of any panel or committee required to interpret or classify achest roentgenogram for purposes of diagnosing a coal worker's pneumoconiosisshall be B-readers approved by the National Institute for Occupational Safetyand Health.
(1972, c. 619, § 65.1-56.1; 1973, c. 436; 1974, cc. 201, 560; 1975, c. 447;1990, c. 610; 1991, c. 355; 2000, cc. 408, 520.)