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§ 65.2-404 What employer and carrier liability

A. When an employee has an occupational disease that is covered by this title, the employer in whose employment he was last injuriously exposed to the hazards of the disease and the employer’s insurance carrier, if any, at the time of the exposure, shall alone be liable therefor, without right to contribution from any prior employer or insurance carrier.

B. For the purposes of this section, “injurious exposure” means an exposure to the causative hazard of such disease which is reasonably calculated to bring on the disease in question. Exposure to the causative hazard of pneumoconiosis for ninety work shifts shall be conclusively presumed to constitute injurious exposure.

C. The operator of a coal mining business covered by this title who acquires the business or substantially all of the assets thereof is liable for, and must secure the payment of, all benefits which would have been payable by the prior operator under this section with respect to persons previously employed by such business if the acquisition had not occurred and the prior operator had continued to operate the business; and the prior operator of the business is not relieved of any liability under this section.

History

The record of this law’s original creation isn’t available online. It has been modified 15 times. Those modifications are cataloged by “The Acts of Assembly,” a state publication, by year and chapter. Those modifications that can be read on the General Assembly’s website will be linked accordingly. Those modifications are as follows: in 1952, chapter 205; in 1960, chapter 297; in 1962, chapter 588; in 1968, chapter 660; in 1970, chapter 470; in 1972, chapters 612 and 619; in 1974, chapter 201; in 1975, chapters 27 and 471; in 1979, chapters 80 and 201; in 1982, chapter 82; in 1983, chapter 469; in 1984, chapter 411; in 1985, chapter 191; in 1989, chapter 502; in 1990, chapter 417.

Code 1950, §§ 65-47, 65-49; 1952, c. 205; 1960, c. 297; 1962, c. 588; 1968, c. 660, §§ 65.1-50, 65.1-52; 1970, c. 470; 1972, cc. 612, 619; 1974, c. 201; 1975, cc. 27, 471; 1979, cc. 80, 201; 1982, c. 82; 1983, c. 469; 1984, c. 411; 1985, c. 191; 1989, c. 502; 1990, c. 417; 1991 c. 355.

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