{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/65.2-406.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/65.2-406.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/65.2-406.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/65.2-406.html"}],"law_id":76142,"edition_id":1,"section_id":76142,"structure_id":15578,"section_number":"65.2-406","catch_line":"Limitation upon claim; diseases covered by limitation","history":"Code 1950, \u00a7 65-49; 1952, c. 205; 1960, c. 297; 1962, c. 588; 1968, c. 660, \u00a7 65.1-52; 1970, c. 470; 1972, c. 612; 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; 1992, c. 475; 1995, c. 324; 2005, c. 433; 2011, c. 513; 2022, cc. 497, 498.","full_text":"A\n\nThe right to compensation under this chapter shall be forever barred unless a claim is filed with the Commission within one of the following time periods:1\n\nFor coal miners’ pneumoconiosis, three years after a diagnosis of the disease, as category 1\/0 or greater as classified under the current International Labour Office Classification of Radiographs of the Pneumoconiosis, is first communicated to the employee or the legal representative of his estate or within five years from the date of the last injurious exposure in employment, whichever first occurs;2\n\nFor byssinosis, two years after a diagnosis of the disease is first communicated to the employee or within seven years from the date of the last injurious exposure in employment, whichever first occurs;3\n\nFor asbestosis, two years after a diagnosis of the disease is first communicated to the employee;4\n\nFor symptomatic or asymptomatic infection with human immunodeficiency virus including acquired immunodeficiency syndrome, two years after a positive test for infection with human immunodeficiency virus;5\n\nFor diseases directly attributable to the rescue and relief efforts at the Pentagon following the terrorist attack of September 11, 2001, two years after a diagnosis of the disease is first communicated to the employee;6\n\nFor cancers listed in subsection C of § 65.2-402, two years after a diagnosis of the disease is first communicated to the employee or within 10 years from the date of the last injurious exposure in employment, whichever first occurs; or7\n\nFor all other occupational diseases, two years after a diagnosis of the disease is first communicated to the employee or within five years from the date of the last injurious exposure in employment, whichever first occurs.B\n\nIf death results from an occupational disease within any of such periods, the right to compensation under this chapter shall be barred, unless a claim therefor is filed with the Commission within three years after such death. The limitations imposed by this section as amended shall be applicable to occupational diseases contracted before and after July 1, 1962, and \u00a7 65.2-601 shall not apply to pneumoconiosis. The limitation on time of filing will cover all occupational diseases except:1\n\nCataract of the eyes due to exposure to the heat and glare of molten glass or to radiant rays such as infrared;2\n\nEpitheliomatous cancer or ulceration of the skin or of the corneal surface of the eye due to pitch, tar, soot, bitumen, anthracene, paraffin, mineral oil, or their compounds, products or residues;3\n\nRadium disability or disability due to exposure to radioactive substances and X-rays;4\n\nUlceration due to chrome compound or to caustic chemical acids or alkalies and undulant fever caused by the industrial slaughtering and processing of livestock and handling of hides;5\n\nMesothelioma due to exposure to asbestos; and6\n\nAngiosarcoma of the liver due to vinyl chloride exposure.C\n\nA claim for benefits pursuant to subdivision A 6 made as a result of the diagnosis of a disease listed in subsection C of § 65.2-402 shall be barred if the employee is 65 years of age or older, regardless of the date of diagnosis, communication, or last injurious exposure in employment.D\n\nWhen a claim is made for benefits for a change of condition in an occupational disease, such as advance from one stage or category to another, a claim for change in condition must be filed with the Commission within three years from the date for which compensation was last paid for an earlier stage of the disease, except that a claim for benefits for a change in condition in asbestosis must be filed within two years from the date when diagnosis of the advanced stage is first communicated to the employee and no claim for benefits for an advanced stage of asbestosis shall be denied on the ground that there has been no subsequent accident. For a first or an advanced stage of asbestosis or mesothelioma, if the employee is still employed in the employment in which he was injuriously exposed, the weekly compensation rate shall be based upon the employee’s weekly wage as of the date of communication of the first or advanced stage of the disease, as the case may be. If the employee is unemployed, or employed in another employment, the weekly compensation rate shall be based upon the average weekly wage of a person of the same or similar grade and character in the same class of employment in which the employee was injuriously exposed and preferably in the same locality or community on the date of communication to the employee of the advanced stage of the disease or mesothelioma. The weekly compensation rates herein provided shall be subject to the same maximums and minimums as provided in § 65.2-500.","order_by":null,"text":{"0":{"id":273279,"text":"The right to compensation under this chapter shall be forever barred unless a claim is filed with the Commission within one of the following time periods:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":273280,"text":"For coal miners’ pneumoconiosis, three years after a diagnosis of the disease, as category 1\/0 or greater as classified under the current International Labour Office Classification of Radiographs of the Pneumoconiosis, is first communicated to the employee or the legal representative of his estate or within five years from the date of the last injurious exposure in employment, whichever first occurs;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":273281,"text":"For byssinosis, two years after a diagnosis of the disease is first communicated to the employee or within seven years from the date of the last injurious exposure in employment, whichever first occurs;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":273282,"text":"For asbestosis, two years after a diagnosis of the disease is first communicated to the employee;","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":273283,"text":"For symptomatic or asymptomatic infection with human immunodeficiency virus including acquired immunodeficiency syndrome, two years after a positive test for infection with human immunodeficiency virus;","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":273284,"text":"For diseases directly attributable to the rescue and relief efforts at the Pentagon following the terrorist attack of September 11, 2001, two years after a diagnosis of the disease is first communicated to the employee;","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"A6"},"6":{"id":273285,"text":"For cancers listed in subsection C of § 65.2-402, two years after a diagnosis of the disease is first communicated to the employee or within 10 years from the date of the last injurious exposure in employment, whichever first occurs; or","type":"section","prefixes":["A","6"],"prefix":"6","entire_prefix":"A6","prefix_anchor":"A6","level":2,"prior_prefix":"A5","next_prefix":"A7"},"7":{"id":273286,"text":"For all other occupational diseases, two years after a diagnosis of the disease is first communicated to the employee or within five years from the date of the last injurious exposure in employment, whichever first occurs.","type":"section","prefixes":["A","7"],"prefix":"7","entire_prefix":"A7","prefix_anchor":"A7","level":2,"prior_prefix":"A6","next_prefix":"B"},"8":{"id":273287,"text":"If death results from an occupational disease within any of such periods, the right to compensation under this chapter shall be barred, unless a claim therefor is filed with the Commission within three years after such death. The limitations imposed by this section as amended shall be applicable to occupational diseases contracted before and after July 1, 1962, and \u00a7 65.2-601 shall not apply to pneumoconiosis. The limitation on time of filing will cover all occupational diseases except:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A7","next_prefix":"B1"},"9":{"id":273288,"text":"Cataract of the eyes due to exposure to the heat and glare of molten glass or to radiant rays such as infrared;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"10":{"id":273289,"text":"Epitheliomatous cancer or ulceration of the skin or of the corneal surface of the eye due to pitch, tar, soot, bitumen, anthracene, paraffin, mineral oil, or their compounds, products or residues;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"11":{"id":273290,"text":"Radium disability or disability due to exposure to radioactive substances and X-rays;","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"12":{"id":273291,"text":"Ulceration due to chrome compound or to caustic chemical acids or alkalies and undulant fever caused by the industrial slaughtering and processing of livestock and handling of hides;","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"B5"},"13":{"id":273292,"text":"Mesothelioma due to exposure to asbestos; and","type":"section","prefixes":["B","5"],"prefix":"5","entire_prefix":"B5","prefix_anchor":"B5","level":2,"prior_prefix":"B4","next_prefix":"B6"},"14":{"id":273293,"text":"Angiosarcoma of the liver due to vinyl chloride exposure.","type":"section","prefixes":["B","6"],"prefix":"6","entire_prefix":"B6","prefix_anchor":"B6","level":2,"prior_prefix":"B5","next_prefix":"C"},"15":{"id":273294,"text":"A claim for benefits pursuant to subdivision A 6 made as a result of the diagnosis of a disease listed in subsection C of § 65.2-402 shall be barred if the employee is 65 years of age or older, regardless of the date of diagnosis, communication, or last injurious exposure in employment.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B6","next_prefix":"D"},"16":{"id":273295,"text":"When a claim is made for benefits for a change of condition in an occupational disease, such as advance from one stage or category to another, a claim for change in condition must be filed with the Commission within three years from the date for which compensation was last paid for an earlier stage of the disease, except that a claim for benefits for a change in condition in asbestosis must be filed within two years from the date when diagnosis of the advanced stage is first communicated to the employee and no claim for benefits for an advanced stage of asbestosis shall be denied on the ground that there has been no subsequent accident. For a first or an advanced stage of asbestosis or mesothelioma, if the employee is still employed in the employment in which he was injuriously exposed, the weekly compensation rate shall be based upon the employee’s weekly wage as of the date of communication of the first or advanced stage of the disease, as the case may be. If the employee is unemployed, or employed in another employment, the weekly compensation rate shall be based upon the average weekly wage of a person of the same or similar grade and character in the same class of employment in which the employee was injuriously exposed and preferably in the same locality or community on the date of communication to the employee of the advanced stage of the disease or mesothelioma. The weekly compensation rates herein provided shall be subject to the same maximums and minimums as provided in § 65.2-500.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":15578,"edition_id":1,"name":"Occupational Diseases","identifier":"4","label":"chapter","depth":2,"order_by":1,"parent_id":13199,"metadata":{},"date_created":"2026-06-26 03:56:30","date_modified":"2026-06-26 03:56:30","permalink":{"id":276355,"object_type":"structure","relational_id":15578,"identifier":"4","token":"65.2\/4","url":"\/65.2\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13199,"edition_id":1,"name":"Workers' Compensation","identifier":"65.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:26","date_modified":"2026-06-26 03:44:26","permalink":{"id":276115,"object_type":"structure","relational_id":13199,"identifier":"65.2","token":"65.2","url":"\/65.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":77071,"structure_id":15578,"section_number":"65.2-400","catch_line":"\"Occupational disease\" defined","url":"\/65.2-400\/","token":"65.2\/4\/65.2-400","metadata":false},{"id":81629,"structure_id":15578,"section_number":"65.2-401","catch_line":"\"Ordinary disease of life\" coverage","url":"\/65.2-401\/","token":"65.2\/4\/65.2-401","metadata":false},{"id":59437,"structure_id":15578,"section_number":"65.2-402","catch_line":"Presumption as to death or disability from respiratory disease, hypertension or heart disease, cancer","url":"\/65.2-402\/","token":"65.2\/4\/65.2-402","metadata":false},{"id":85102,"structure_id":15578,"section_number":"65.2-402.1","catch_line":"Presumption as to death or disability from infectious disease","url":"\/65.2-402.1\/","token":"65.2\/4\/65.2-402.1","metadata":false},{"id":70626,"structure_id":15578,"section_number":"65.2-403","catch_line":"Provisions in respect to injury by accident, etc., applicable to occupational disease","url":"\/65.2-403\/","token":"65.2\/4\/65.2-403","metadata":false},{"id":79901,"structure_id":15578,"section_number":"65.2-404","catch_line":"What employer and carrier liability","url":"\/65.2-404\/","token":"65.2\/4\/65.2-404","metadata":false},{"id":81595,"structure_id":15578,"section_number":"65.2-405","catch_line":"Notice to be given","url":"\/65.2-405\/","token":"65.2\/4\/65.2-405","metadata":false},{"id":76142,"structure_id":15578,"section_number":"65.2-406","catch_line":"Limitation upon claim; diseases covered by limitation","url":"\/65.2-406\/","token":"65.2\/4\/65.2-406","metadata":false},{"id":67647,"structure_id":15578,"section_number":"65.2-407","catch_line":"Waiver","url":"\/65.2-407\/","token":"65.2\/4\/65.2-407","metadata":false}],"previous_section":{"id":81595,"structure_id":15578,"section_number":"65.2-405","catch_line":"Notice to be given","url":"\/65.2-405\/","token":"65.2\/4\/65.2-405","metadata":false},"next_section":{"id":67647,"structure_id":15578,"section_number":"65.2-407","catch_line":"Waiver","url":"\/65.2-407\/","token":"65.2\/4\/65.2-407","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/65.2-406\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 21 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s 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, chapter 612; 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; in 1991, chapter 355; in 1992, chapter 475; in 1995, chapter 324<\/a>; in 2005, chapter 433<\/a>; in 2011, chapter 513<\/a>; in 2022, chapters 497<\/a> and 498<\/a>.<\/p>","references":[{"id":81595,"section_number":"65.2-405","catch_line":"Notice to be given","order_by":null,"url":"\/65.2-405\/"},{"id":66016,"section_number":"65.2-514","catch_line":"Special provisions for coal worker's pneumoconiosis claims for total disability or death","order_by":null,"url":"\/65.2-514\/"},{"id":81274,"section_number":"65.2-708","catch_line":"Review of award on change in condition","order_by":null,"url":"\/65.2-708\/"}],"refers_to":[{"id":59437,"section_number":"65.2-402","catch_line":"Presumption as to death or disability from respiratory disease, hypertension or heart disease, cancer","order_by":null,"url":"\/65.2-402\/"},{"id":63631,"section_number":"65.2-500","catch_line":"Compensation for total incapacity; computation of average wage; exclusion of AmeriCorps members, certain Food Stamp Employment and Training Program participants, and certain Temporary Assistance for Needy Families participants","order_by":null,"url":"\/65.2-500\/"},{"id":60353,"section_number":"65.2-601","catch_line":"Time for filing claim","order_by":null,"url":"\/65.2-601\/"}],"permalink":{"id":276385,"object_type":"law","relational_id":76142,"identifier":"65.2-406","token":"65.2\/4\/65.2-406","url":"\/65.2-406\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/65.2-406\/","token":"65.2\/4\/65.2-406","dublin_core":{"Title":"Limitation upon claim; diseases covered by limitation","Type":"Text","Format":"text\/html","Identifier":"\u00a7 65.2-406","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The right to compensation under this chapter shall be forever barred unless a claim is filed<\/span> with the Commission<\/span> within one of the following time periods: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> For coal miners’ pneumoconiosis, three years after a diagnosis of the disease, as category 1\/0 or greater as classified under the current International Labour Office Classification of Radiographs of the Pneumoconiosis, is first communicated to the employee or the legal representative of his estate or within five years from the date of the last injurious exposure in employment, whichever first occurs; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> For byssinosis, two years after a diagnosis of the disease is first communicated to the employee or within seven years from the date of the last injurious exposure in employment, whichever first occurs; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> For asbestosis, two years after a diagnosis of the disease is first communicated to the employee; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> For symptomatic or asymptomatic infection with human immunodeficiency virus including acquired immunodeficiency syndrome, two years after a positive test for infection with human immunodeficiency virus; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> For diseases directly attributable to the rescue and relief efforts at the Pentagon following the terrorist attack of September 11, 2001, two years after a diagnosis of the disease is first communicated to the employee; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> For cancers listed in subsection C of § 65.2-402<\/a>, two years after a diagnosis of the disease is first communicated to the employee or within 10 years from the date of the last injurious exposure in employment, whichever first occurs; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> For all other occupational diseases, two years after a diagnosis of the disease is first communicated to the employee or within five years from the date of the last injurious exposure in employment, whichever first occurs. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If death results from an occupational disease within any of such periods, the right to compensation under this chapter shall be barred, unless a claim therefor is filed<\/span> with the Commission<\/span> within three years after such death. The limitations imposed by this section as amended shall be applicable to occupational diseases contracted before and after July 1, 1962, and \u00a7 65.2-601<\/a> shall not apply to pneumoconiosis. The limitation on time of filing will cover all occupational diseases except: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Cataract of the eyes due to exposure to the heat and glare of molten glass or to radiant rays such as infrared; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Epitheliomatous cancer or ulceration of the skin or of the corneal surface of the eye due to pitch, tar, soot, bitumen, anthracene, paraffin, mineral oil, or their compounds, products or residues; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Radium disability or disability due to exposure to radioactive substances and X-rays; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Ulceration due to chrome compound or to caustic chemical acids or alkalies and undulant fever caused by the industrial slaughtering and processing of livestock and handling of hides; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Mesothelioma due to exposure to asbestos; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Angiosarcoma of the liver due to vinyl chloride exposure. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> A claim for benefits pursuant to subdivision A 6 made as a result of the diagnosis of a disease listed in subsection C of § 65.2-402<\/a> shall be barred if the employee is 65 years of age or older, regardless of the date of diagnosis, communication, or last injurious exposure in employment. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> When a claim is made for benefits for a change of condition in an occupational disease, such as advance from one stage or category to another, a claim for change in condition<\/span> must be filed<\/span> with the Commission<\/span> within three years from the date for which compensation was last paid for an earlier stage of the disease, except that a claim for benefits for a change in condition<\/span> in asbestosis must be filed<\/span> within two years from the date when diagnosis of the advanced stage is first communicated to the employee and no claim for benefits for an advanced stage of asbestosis shall be denied on the ground that there has been no subsequent accident. For a first or an advanced stage of asbestosis or mesothelioma, if the employee is still employed in the employment in which he was injuriously exposed, the weekly compensation rate shall be based upon the employee’s weekly wage as of the date of communication of the first or advanced stage of the disease, as the case may be. If the employee is unemployed, or employed in another employment, the weekly compensation rate shall be based upon the average weekly wage of a person of the same or similar grade and character in the same class of employment in which the employee was injuriously exposed and preferably in the same locality or community on the date of communication to the employee of the advanced stage of the disease or mesothelioma. The weekly compensation rates herein provided shall be subject to the same maximums and minimums as provided in § 65.2-500<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nLIMITATION UPON CLAIM; DISEASES COVERED BY LIMITATION (\u00a7 65.2-406)\n\nA. The right to compensation under this chapter shall be forever barred unless a\nclaim is filed with the Commission within one of the following time periods:\n\n 1. For coal miners’ pneumoconiosis, three years after a diagnosis of the\n disease, as category 1\/0 or greater as classified under the current\n International Labour Office Classification of Radiographs of the\n Pneumoconiosis, is first communicated to the employee or the legal\n representative of his estate or within five years from the date of the last\n injurious exposure in employment, whichever first occurs;\n\n 2. For byssinosis, two years after a diagnosis of the disease is first\n communicated to the employee or within seven years from the date of the last\n injurious exposure in employment, whichever first occurs;\n\n 3. For asbestosis, two years after a diagnosis of the disease is first\n communicated to the employee;\n\n 4. For symptomatic or asymptomatic infection with human immunodeficiency virus\n including acquired immunodeficiency syndrome, two years after a positive test\n for infection with human immunodeficiency virus;\n\n 5. For diseases directly attributable to the rescue and relief efforts at the\n Pentagon following the terrorist attack of September 11, 2001, two years after\n a diagnosis of the disease is first communicated to the employee;\n\n 6. For cancers listed in subsection C of § 65.2-402, two years after a\n diagnosis of the disease is first communicated to the employee or within 10\n years from the date of the last injurious exposure in employment, whichever\n first occurs; or\n\n 7. For all other occupational diseases, two years after a diagnosis of the\n disease is first communicated to the employee or within five years from the\n date of the last injurious exposure in employment, whichever first occurs.\n\nB. If death results from an occupational disease within any of such periods, the\nright to compensation under this chapter shall be barred, unless a claim\ntherefor is filed with the Commission within three years after such death. The\nlimitations imposed by this section as amended shall be applicable to\noccupational diseases contracted before and after July 1, 1962, and \u00a7 65.2-601\nshall not apply to pneumoconiosis. The limitation on time of filing will cover\nall occupational diseases except:\n\n 1. Cataract of the eyes due to exposure to the heat and glare of molten glass\n or to radiant rays such as infrared;\n\n 2. Epitheliomatous cancer or ulceration of the skin or of the corneal surface\n of the eye due to pitch, tar, soot, bitumen, anthracene, paraffin, mineral\n oil, or their compounds, products or residues;\n\n 3. Radium disability or disability due to exposure to radioactive substances\n and X-rays;\n\n 4. Ulceration due to chrome compound or to caustic chemical acids or alkalies\n and undulant fever caused by the industrial slaughtering and processing of\n livestock and handling of hides;\n\n 5. Mesothelioma due to exposure to asbestos; and\n\n 6. Angiosarcoma of the liver due to vinyl chloride exposure.\n\nC. A claim for benefits pursuant to subdivision A 6 made as a result of the\ndiagnosis of a disease listed in subsection C of § 65.2-402 shall be barred\nif the employee is 65 years of age or older, regardless of the date of\ndiagnosis, communication, or last injurious exposure in employment.\n\nD. When a claim is made for benefits for a change of condition in an\noccupational disease, such as advance from one stage or category to another, a\nclaim for change in condition must be filed with the Commission within three\nyears from the date for which compensation was last paid for an earlier stage of\nthe disease, except that a claim for benefits for a change in condition in\nasbestosis must be filed within two years from the date when diagnosis of the\nadvanced stage is first communicated to the employee and no claim for benefits\nfor an advanced stage of asbestosis shall be denied on the ground that there has\nbeen no subsequent accident. For a first or an advanced stage of asbestosis or\nmesothelioma, if the employee is still employed in the employment in which he\nwas injuriously exposed, the weekly compensation rate shall be based upon the\nemployee’s weekly wage as of the date of communication of the first or\nadvanced stage of the disease, as the case may be. If the employee is\nunemployed, or employed in another employment, the weekly compensation rate\nshall be based upon the average weekly wage of a person of the same or similar\ngrade and character in the same class of employment in which the employee was\ninjuriously exposed and preferably in the same locality or community on the date\nof communication to the employee of the advanced stage of the disease or\nmesothelioma. The weekly compensation rates herein provided shall be subject to\nthe same maximums and minimums as provided in § 65.2-500.\n\nHISTORY: Code 1950, \u00a7 65-49; 1952, c. 205; 1960, c. 297; 1962, c. 588; 1968, c.\n660, \u00a7 65.1-52; 1970, c. 470; 1972, c. 612; 1974, c. 201; 1975, cc. 27, 471;\n1979, cc. 80, 201; 1982, c. 82; 1983, c. 469; 1984, c. 411; 1985, c. 191; 1989,\nc. 502; 1990, c. 417; 1991, c. 355; 1992, c. 475; 1995, c. 324; 2005, c. 433;\n2011, c. 513; 2022, cc. 497, 498.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}