{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/65.2-407.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/65.2-407.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/65.2-407.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/65.2-407.html"}],"law_id":67647,"edition_id":1,"section_id":67647,"structure_id":15578,"section_number":"65.2-407","catch_line":"Waiver","history":"Code 1950, \u00a7 65-50; 1968, c. 660, \u00a7 65.1-53; 1970, c. 517; 1979, c. 201; 1991, c. 355.","full_text":"A\n\nWhen an employee or prospective employee, though not incapacitated for work, is found to be affected by, or susceptible to, a specific occupational disease he may, subject to the approval of the Commission, be permitted to waive in writing compensation for any aggravation of his condition that may result from his working or continuing to work in the same or similar occupation for the same employer.B\n\nThe Commission shall approve a waiver for coal worker’s pneumoconiosis and silicosis only when presented with X-ray evidence from a physician qualified in the opinion of the Commission to make the determination and which demonstrates a positive diagnosis of the pneumoconiosis or the existence of a lung condition which makes the employee or prospective employee significantly more susceptible to the pneumoconiosis.C\n\nIn considering approval of a waiver, the Commission may supply any medical evidence to a disinterested physician for his opinion as to whether the employee is affected by the disease or has the preexisting condition.","order_by":null,"text":{"0":{"id":245079,"text":"When an employee or prospective employee, though not incapacitated for work, is found to be affected by, or susceptible to, a specific occupational disease he may, subject to the approval of the Commission, be permitted to waive in writing compensation for any aggravation of his condition that may result from his working or continuing to work in the same or similar occupation for the same employer.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":245080,"text":"The Commission shall approve a waiver for coal worker’s pneumoconiosis and silicosis only when presented with X-ray evidence from a physician qualified in the opinion of the Commission to make the determination and which demonstrates a positive diagnosis of the pneumoconiosis or the existence of a lung condition which makes the employee or prospective employee significantly more susceptible to the pneumoconiosis.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":245081,"text":"In considering approval of a waiver, the Commission may supply any medical evidence to a disinterested physician for his opinion as to whether the employee is affected by the disease or has the preexisting condition.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"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 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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":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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/65.2-407\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 4 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 1968, chapter 660; in 1970, chapter 517; in 1979, chapter 201; in 1991, chapter 355.<\/p>","references":[{"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\/"}],"refers_to":false,"permalink":{"id":276389,"object_type":"law","relational_id":67647,"identifier":"65.2-407","token":"65.2\/4\/65.2-407","url":"\/65.2-407\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/65.2-407\/","token":"65.2\/4\/65.2-407","dublin_core":{"Title":"Waiver","Type":"Text","Format":"text\/html","Identifier":"\u00a7 65.2-407","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> When an employee or prospective employee, though not incapacitated for work, is found to be affected by, or susceptible to, a specific occupational disease he may, subject to the approval of the Commission<\/span>, be permitted to waive<\/span> in writing compensation for any aggravation of his condition that may result from his working or continuing to work in the same or similar occupation for the same employer<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Commission<\/span> shall approve a waiver<\/span> for coal worker’s pneumoconiosis and silicosis only when presented with X-ray evidence<\/span> from a physician qualified in the opinion<\/span> of the Commission<\/span> to make the determination and which demonstrates a positive diagnosis of the pneumoconiosis or the existence of a lung condition which makes the employee or prospective employee significantly more susceptible to the pneumoconiosis. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> In considering approval of a waiver<\/span>, the Commission<\/span> may supply any medical evidence<\/span> to a disinterested physician for his opinion<\/span> as to whether the employee is affected by the disease or has the preexisting condition. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nWAIVER (\u00a7 65.2-407)\n\nA. When an employee or prospective employee, though not incapacitated for work,\nis found to be affected by, or susceptible to, a specific occupational disease\nhe may, subject to the approval of the Commission, be permitted to waive in\nwriting compensation for any aggravation of his condition that may result from\nhis working or continuing to work in the same or similar occupation for the same\nemployer.\n\nB. The Commission shall approve a waiver for coal worker’s pneumoconiosis\nand silicosis only when presented with X-ray evidence from a physician qualified\nin the opinion of the Commission to make the determination and which\ndemonstrates a positive diagnosis of the pneumoconiosis or the existence of a\nlung condition which makes the employee or prospective employee significantly\nmore susceptible to the pneumoconiosis.\n\nC. In considering approval of a waiver, the Commission may supply any medical\nevidence to a disinterested physician for his opinion as to whether the employee\nis affected by the disease or has the preexisting condition.\n\nHISTORY: Code 1950, \u00a7 65-50; 1968, c. 660, \u00a7 65.1-53; 1970, c. 517; 1979, c.\n201; 1991, c. 355.","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}}