{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/65.2-504.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/65.2-504.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/65.2-504.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/65.2-504.html"}],"law_id":70887,"edition_id":1,"section_id":70887,"structure_id":13949,"section_number":"65.2-504","catch_line":"Compensation for disability from coal worker’s pneumoconiosis; insurance of coal operator","history":"1972, c. 619, \u00a7 65.1-56.1; 1973, c. 436; 1974, cc. 201, 560; 1975, c. 447; 1990, c. 610; 1991, c. 355; 2000, cc. 408, 520; 2011, c. 513.","full_text":"A\n\nAn employee eligible for an award for coal worker’s pneumoconiosis benefits shall be compensated according to the following schedule:1\n\nFor first stage coal worker’s pneumoconiosis medically determined from radiographic evidence and classified under the current International Labour Office Classification of Radiographs of the Pneumoconioses where there is no present impairment for work, 66 2\/3 percent of the average weekly wage as defined in § 65.2-101, for fifty weeks, up to 100 percent of the average weekly wage of the Commonwealth as defined in § 65.2-500.2\n\nFor second stage coal worker’s pneumoconiosis medically determined from radiographic evidence and classified under the current International Labour Office Classification of Radiographs of the Pneumoconioses where there is no present impairment for work, 66 2\/3 percent of the average weekly wage as defined in § 65.2-101 for 100 weeks, up to 100 percent of the average weekly wage of the Commonwealth as defined in § 65.2-500.3\n\nFor third stage coal worker’s pneumoconiosis medically determined from radiographic evidence and classified under the current International Labour Office Classification of Radiographs of the Pneumoconioses and involving progressive massive fibrosis or medically classified as being A, B or C under the International Labour Office (hereafter referred to as I.L.O.) classifications but where there is no apparent impairment for work, 66 2\/3 percent 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 defined in § 65.2-500.4\n\nFor coal worker’s pneumoconiosis medically determined to be A, B or C under the I.L.O. classifications or which involves progressive massive fibrosis, or for any stage of coal worker’s pneumoconiosis when it is accompanied by sufficient pulmonary function loss as shown by approved medical tests and standards to render an employee totally unable to do manual labor in a dusty environment and the employee is instructed by competent medical authority not to attempt to do work in any mine or dusty environment and if he is in fact not working, it shall be deemed that he has a permanent disability and he shall receive 66 2\/3 percent of his average weekly wage as defined in § 65.2-101 during the three years prior to the date of filing of the claim, up to 100 percent of the average weekly wage of the Commonwealth as defined in § 65.2-500 for his lifetime without limit as to the total amount.B\n\nIn any case where partial disability as mentioned in subsection A of this section later results in total disability, the employer shall receive credit on any permanent disability payments by being allowed to deduct 25 percent of each weekly payment until payments for partial disability hereunder have been fully accounted for.C\n\nIn any case where there is a question of whether a claimant with pneumoconiosis is suffering from coal worker’s pneumoconiosis or from some other type of pneumoconiosis such as silicosis, it shall be conclusively presumed that he is suffering from coal worker’s pneumoconiosis if he has had injurious exposure to coal dust.D\n\nIn the event that any coal operator wishes to insure himself under standard workers’ compensation insurance rather than be self-insured against the risks and liabilities imposed by this section or by § 65.2-513, any such insurance issued in this Commonwealth covering such risks shall be rated separately for premium purposes and shall not affect workers’ compensation rates for any other employers not exposed to such risks.E\n\nAll members of any panel or committee required to interpret or classify a chest roentgenogram for purposes of diagnosing a coal worker’s pneumoconiosis shall be B-readers approved by the National Institute for Occupational Safety and Health.","order_by":null,"text":{"0":{"id":255606,"text":"An employee eligible for an award for coal worker’s pneumoconiosis benefits shall be compensated according to the following schedule:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":255607,"text":"For first stage coal worker’s pneumoconiosis medically determined from radiographic evidence and classified under the current International Labour Office Classification of Radiographs of the Pneumoconioses where there is no present impairment for work, 66 2\/3 percent of the average weekly wage as defined in § 65.2-101, for fifty weeks, up to 100 percent of the average weekly wage of the Commonwealth as defined in § 65.2-500.","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":255608,"text":"For second stage coal worker’s pneumoconiosis medically determined from radiographic evidence and classified under the current International Labour Office Classification of Radiographs of the Pneumoconioses where there is no present impairment for work, 66 2\/3 percent of the average weekly wage as defined in § 65.2-101 for 100 weeks, up to 100 percent of the average weekly wage of the Commonwealth as defined in § 65.2-500.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":255609,"text":"For third stage coal worker’s pneumoconiosis medically determined from radiographic evidence and classified under the current International Labour Office Classification of Radiographs of the Pneumoconioses and involving progressive massive fibrosis or medically classified as being A, B or C under the International Labour Office (hereafter referred to as I.L.O.) classifications but where there is no apparent impairment for work, 66 2\/3 percent 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 defined in § 65.2-500.","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":255610,"text":"For coal worker’s pneumoconiosis medically determined to be A, B or C under the I.L.O. classifications or which involves progressive massive fibrosis, or for any stage of coal worker’s pneumoconiosis when it is accompanied by sufficient pulmonary function loss as shown by approved medical tests and standards to render an employee totally unable to do manual labor in a dusty environment and the employee is instructed by competent medical authority not to attempt to do work in any mine or dusty environment and if he is in fact not working, it shall be deemed that he has a permanent disability and he shall receive 66 2\/3 percent of his average weekly wage as defined in § 65.2-101 during the three years prior to the date of filing of the claim, up to 100 percent of the average weekly wage of the Commonwealth as defined in § 65.2-500 for his lifetime without limit as to the total amount.","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"B"},"5":{"id":255611,"text":"In any case where partial disability as mentioned in subsection A of this section later results in total disability, the employer shall receive credit on any permanent disability payments by being allowed to deduct 25 percent of each weekly payment until payments for partial disability hereunder have been fully accounted for.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A4","next_prefix":"C"},"6":{"id":255612,"text":"In any case where there is a question of whether a claimant with pneumoconiosis is suffering from coal worker’s pneumoconiosis or from some other type of pneumoconiosis such as silicosis, it shall be conclusively presumed that he is suffering from coal worker’s pneumoconiosis if he has had injurious exposure to coal dust.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"7":{"id":255613,"text":"In the event that any coal operator wishes to insure himself under standard workers’ compensation insurance rather than be self-insured against the risks and liabilities imposed by this section or by § 65.2-513, any such insurance issued in this Commonwealth covering such risks shall be rated separately for premium purposes and shall not affect workers’ compensation rates for any other employers not exposed to such risks.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"8":{"id":255614,"text":"All members of any panel or committee required to interpret or classify a chest roentgenogram for purposes of diagnosing a coal worker’s pneumoconiosis shall be B-readers approved by the National Institute for Occupational Safety and Health.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":13949,"edition_id":1,"name":"Compensation and Payment Thereof","identifier":"5","label":"chapter","depth":2,"order_by":1,"parent_id":13199,"metadata":{},"date_created":"2026-06-26 03:46:24","date_modified":"2026-06-26 03:46:24","permalink":{"id":276393,"object_type":"structure","relational_id":13949,"identifier":"5","token":"65.2\/5","url":"\/65.2\/5\/","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":63631,"structure_id":13949,"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","url":"\/65.2-500\/","token":"65.2\/5\/65.2-500","metadata":false},{"id":63980,"structure_id":13949,"section_number":"65.2-501","catch_line":"Incapacity after permanent loss","url":"\/65.2-501\/","token":"65.2\/5\/65.2-501","metadata":false},{"id":85307,"structure_id":13949,"section_number":"65.2-502","catch_line":"Compensation for partial incapacity; exclusion of AmeriCorps members, certain Food Stamp Employment and Training Program participants, and certain Temporary Assistance for Needy Families participants","url":"\/65.2-502\/","token":"65.2\/5\/65.2-502","metadata":false},{"id":65657,"structure_id":13949,"section_number":"65.2-503","catch_line":"Permanent loss","url":"\/65.2-503\/","token":"65.2\/5\/65.2-503","metadata":false},{"id":70887,"structure_id":13949,"section_number":"65.2-504","catch_line":"Compensation for disability from coal worker's pneumoconiosis; insurance of coal operator","url":"\/65.2-504\/","token":"65.2\/5\/65.2-504","metadata":false},{"id":70310,"structure_id":13949,"section_number":"65.2-505","catch_line":"Injuries in different employments; injury to employee with disability; subsequent permanent injury by accident in service to employer","url":"\/65.2-505\/","token":"65.2\/5\/65.2-505","metadata":false},{"id":67616,"structure_id":13949,"section_number":"65.2-506","catch_line":"Compensation after second injury in same employment","url":"\/65.2-506\/","token":"65.2\/5\/65.2-506","metadata":false},{"id":55009,"structure_id":13949,"section_number":"65.2-507","catch_line":"Same employment; when both injuries permanent","url":"\/65.2-507\/","token":"65.2\/5\/65.2-507","metadata":false},{"id":80866,"structure_id":13949,"section_number":"65.2-508","catch_line":"Foreign injuries","url":"\/65.2-508\/","token":"65.2\/5\/65.2-508","metadata":false},{"id":62648,"structure_id":13949,"section_number":"65.2-509","catch_line":"Commencement of compensation","url":"\/65.2-509\/","token":"65.2\/5\/65.2-509","metadata":false},{"id":74456,"structure_id":13949,"section_number":"65.2-510","catch_line":"Refusal of employment; compensation for partial incapacity","url":"\/65.2-510\/","token":"65.2\/5\/65.2-510","metadata":false},{"id":72220,"structure_id":13949,"section_number":"65.2-510.1","catch_line":"Employee imprisonment; suspension of 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death","url":"\/65.2-514\/","token":"65.2\/5\/65.2-514","metadata":false},{"id":57788,"structure_id":13949,"section_number":"65.2-515","catch_line":"Persons conclusively presumed to be wholly dependent","url":"\/65.2-515\/","token":"65.2\/5\/65.2-515","metadata":false},{"id":77728,"structure_id":13949,"section_number":"65.2-516","catch_line":"Other cases of dependency","url":"\/65.2-516\/","token":"65.2\/5\/65.2-516","metadata":false},{"id":56782,"structure_id":13949,"section_number":"65.2-517","catch_line":"Termination of dependency","url":"\/65.2-517\/","token":"65.2\/5\/65.2-517","metadata":false},{"id":60115,"structure_id":13949,"section_number":"65.2-518","catch_line":"Limitation upon total compensation","url":"\/65.2-518\/","token":"65.2\/5\/65.2-518","metadata":false},{"id":61340,"structure_id":13949,"section_number":"65.2-519","catch_line":"When limitations inapplicable to injuries arising out of pneumoconiosis","url":"\/65.2-519\/","token":"65.2\/5\/65.2-519","metadata":false},{"id":69889,"structure_id":13949,"section_number":"65.2-520","catch_line":"Voluntary payment by employer","url":"\/65.2-520\/","token":"65.2\/5\/65.2-520","metadata":false},{"id":77932,"structure_id":13949,"section_number":"65.2-521","catch_line":"Time of payment","url":"\/65.2-521\/","token":"65.2\/5\/65.2-521","metadata":false},{"id":61016,"structure_id":13949,"section_number":"65.2-522","catch_line":"Lump sum payments, generally","url":"\/65.2-522\/","token":"65.2\/5\/65.2-522","metadata":false},{"id":86845,"structure_id":13949,"section_number":"65.2-523","catch_line":"Lump sum payments to trustees","url":"\/65.2-523\/","token":"65.2\/5\/65.2-523","metadata":false},{"id":84045,"structure_id":13949,"section_number":"65.2-524","catch_line":"Failure to pay compensation within two weeks after it becomes due","url":"\/65.2-524\/","token":"65.2\/5\/65.2-524","metadata":false},{"id":84393,"structure_id":13949,"section_number":"65.2-525","catch_line":"Who may receive payment and receipt therefor","url":"\/65.2-525\/","token":"65.2\/5\/65.2-525","metadata":false},{"id":65719,"structure_id":13949,"section_number":"65.2-526","catch_line":"Payment to junior dependents in good faith","url":"\/65.2-526\/","token":"65.2\/5\/65.2-526","metadata":false},{"id":75167,"structure_id":13949,"section_number":"65.2-527","catch_line":"When employee's rights exercised by guardian or trustee","url":"\/65.2-527\/","token":"65.2\/5\/65.2-527","metadata":false},{"id":61743,"structure_id":13949,"section_number":"65.2-528","catch_line":"Time limitations on persons under disability","url":"\/65.2-528\/","token":"65.2\/5\/65.2-528","metadata":false},{"id":62795,"structure_id":13949,"section_number":"65.2-529","catch_line":"Joint service","url":"\/65.2-529\/","token":"65.2\/5\/65.2-529","metadata":false},{"id":61412,"structure_id":13949,"section_number":"65.2-530","catch_line":"Preferences and priorities","url":"\/65.2-530\/","token":"65.2\/5\/65.2-530","metadata":false},{"id":84247,"structure_id":13949,"section_number":"65.2-531","catch_line":"Assignments of compensation; exemption from creditors' claims","url":"\/65.2-531\/","token":"65.2\/5\/65.2-531","metadata":false}],"previous_section":{"id":65657,"structure_id":13949,"section_number":"65.2-503","catch_line":"Permanent loss","url":"\/65.2-503\/","token":"65.2\/5\/65.2-503","metadata":false},"next_section":{"id":70310,"structure_id":13949,"section_number":"65.2-505","catch_line":"Injuries in different employments; injury to employee with disability; subsequent permanent injury by accident in service to employer","url":"\/65.2-505\/","token":"65.2\/5\/65.2-505","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/65.2-504\/","history_text":"

This law was first created in 1972. The record of its establishment is cataloged in chapter 619 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1972 \u201cActs\u201d aren\u2019t available online. It has been modified 7 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 1973, chapter 436; in 1974, chapters 201 and 560; in 1975, chapter 447; in 1990, chapter 610; in 1991, chapter 355; in 2000, chapters 408<\/a> and 520<\/a>; in 2011, chapter 513<\/a>.<\/p>","references":[{"id":87021,"section_number":"65.2-513","catch_line":"Compensation for death from coal worker's pneumoconiosis; determining whether death was due to pneumoconiosis or any chronic occupational lung disease","order_by":null,"url":"\/65.2-513\/"},{"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":60115,"section_number":"65.2-518","catch_line":"Limitation upon total compensation","order_by":null,"url":"\/65.2-518\/"},{"id":68056,"section_number":"65.2-709","catch_line":"Cost of living supplements for total incapacity and dependents of deceased","order_by":null,"url":"\/65.2-709\/"}],"refers_to":[{"id":59551,"section_number":"65.2-101","catch_line":"Definitions","order_by":null,"url":"\/65.2-101\/"},{"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":87021,"section_number":"65.2-513","catch_line":"Compensation for death from coal worker's pneumoconiosis; determining whether death was due to pneumoconiosis or any chronic occupational lung disease","order_by":null,"url":"\/65.2-513\/"}],"permalink":{"id":276411,"object_type":"law","relational_id":70887,"identifier":"65.2-504","token":"65.2\/5\/65.2-504","url":"\/65.2-504\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/65.2-504\/","token":"65.2\/5\/65.2-504","dublin_core":{"Title":"Compensation for disability from coal worker’s pneumoconiosis; insurance of coal operator","Type":"Text","Format":"text\/html","Identifier":"\u00a7 65.2-504","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> An employee eligible for an award<\/span> for coal worker’s pneumoconiosis benefits shall be compensated according to the following schedule: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> For first stage coal worker’s pneumoconiosis medically determined from radiographic evidence<\/span> and classified under the current International Labour Office Classification of Radiographs of the Pneumoconioses where there is no present impairment for work, 66 2\/3 percent of the average weekly wage as defined in § 65.2-101<\/a>, for fifty weeks, up to 100 percent of the average weekly wage of the Commonwealth as defined in § 65.2-500<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> For second stage coal worker’s pneumoconiosis medically determined from radiographic evidence<\/span> and classified under the current International Labour Office Classification of Radiographs of the Pneumoconioses where there is no present impairment for work, 66 2\/3 percent of the average weekly wage as defined in § 65.2-101<\/a> for 100 weeks, up to 100 percent of the average weekly wage of the Commonwealth as defined in § 65.2-500<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> For third stage coal worker’s pneumoconiosis medically determined from radiographic evidence<\/span> and classified under the current International Labour Office Classification of Radiographs of the Pneumoconioses and involving progressive massive fibrosis or medically classified as being A, B or C under the International Labour Office (hereafter referred to as I.L.O.) classifications but where there is no apparent impairment for work, 66 2\/3 percent of the average weekly wage as defined in § 65.2-101<\/a>, for 300 weeks, up to 100 percent of the average weekly wage of the Commonwealth as defined in § 65.2-500<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> For coal worker’s pneumoconiosis medically determined to be A, B or C under the I.L.O. classifications or which involves progressive massive fibrosis, or for any stage of coal worker’s pneumoconiosis when it is accompanied by sufficient pulmonary function loss as shown by approved medical tests and standards to render an employee totally unable to do manual labor in a dusty environment and the employee is instructed by competent medical authority not to attempt to do work in any mine or dusty environment and if he is in fact<\/span> not working, it shall be deemed that he has a permanent disability and he shall receive 66 2\/3 percent of his average weekly wage as defined in § 65.2-101<\/a> during the three years prior to the date of filing of the claim, up to 100 percent of the average weekly wage of the Commonwealth as defined in § 65.2-500<\/a> for his lifetime without limit as to the total amount. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> In any case where partial disability as mentioned in subsection A of this section later results in total disability, the employer<\/span> shall receive credit on any permanent disability payments by being allowed to deduct 25 percent of each weekly payment until payments for partial disability hereunder have been fully accounted for. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> In any case where there is a question of whether a claimant with pneumoconiosis is suffering from coal worker’s pneumoconiosis or from some other type of pneumoconiosis such as silicosis, it shall be conclusively presumed that he is suffering from coal worker’s pneumoconiosis if he has had injurious exposure to coal dust. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> In the event that any coal operator wishes to insure himself under standard workers’ compensation insurance rather than be self-insured against the risks and liabilities imposed by this section or by § 65.2-513<\/a>, any such insurance issued in this Commonwealth covering such risks shall be rated separately for premium purposes and shall not affect workers’ compensation rates for any other employers<\/span> not exposed to such risks. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> All members of any panel<\/span> or committee required to interpret or classify a chest roentgenogram for purposes of diagnosing a coal worker’s pneumoconiosis shall be B-readers approved by the National Institute for Occupational Safety and Health. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCOMPENSATION FOR DISABILITY FROM COAL WORKER’S PNEUMOCONIOSIS; INSURANCE\nOF COAL OPERATOR (\u00a7 65.2-504)\n\nA. An employee eligible for an award for coal worker’s pneumoconiosis\nbenefits shall be compensated according to the following schedule:\n\n 1. For first stage coal worker’s pneumoconiosis medically determined\n from radiographic evidence and classified under the current International\n Labour Office Classification of Radiographs of the Pneumoconioses where there\n is no present impairment for work, 66 2\/3 percent of the average weekly wage\n as defined in § 65.2-101, for fifty weeks, up to 100 percent of the\n average weekly wage of the Commonwealth as defined in § 65.2-500.\n\n 2. For second stage coal worker’s pneumoconiosis medically determined\n from radiographic evidence and classified under the current International\n Labour Office Classification of Radiographs of the Pneumoconioses where there\n is no present impairment for work, 66 2\/3 percent of the average weekly wage\n as defined in § 65.2-101 for 100 weeks, up to 100 percent of the average\n weekly wage of the Commonwealth as defined in § 65.2-500.\n\n 3. For third stage coal worker’s pneumoconiosis medically determined\n from radiographic evidence and classified under the current International\n Labour Office Classification of Radiographs of the Pneumoconioses and\n involving progressive massive fibrosis or medically classified as being A, B\n or C under the International Labour Office (hereafter referred to as I.L.O.)\n classifications but where there is no apparent impairment for work, 66 2\/3\n percent of the average weekly wage as defined in § 65.2-101, for 300\n weeks, up to 100 percent of the average weekly wage of the Commonwealth as\n defined in § 65.2-500.\n\n 4. For coal worker’s pneumoconiosis medically determined to be A, B or C\n under the I.L.O. classifications or which involves progressive massive\n fibrosis, or for any stage of coal worker’s pneumoconiosis when it is\n accompanied by sufficient pulmonary function loss as shown by approved medical\n tests and standards to render an employee totally unable to do manual labor in\n a dusty environment and the employee is instructed by competent medical\n authority not to attempt to do work in any mine or dusty environment and if he\n is in fact not working, it shall be deemed that he has a permanent disability\n and he shall receive 66 2\/3 percent of his average weekly wage as defined in\n § 65.2-101 during the three years prior to the date of filing of the\n claim, up to 100 percent of the average weekly wage of the Commonwealth as\n defined in § 65.2-500 for his lifetime without limit as to the total\n amount.\n\nB. In any case where partial disability as mentioned in subsection A of this\nsection later results in total disability, the employer shall receive credit on\nany permanent disability payments by being allowed to deduct 25 percent of each\nweekly payment until payments for partial disability hereunder have been fully\naccounted for.\n\nC. In any case where there is a question of whether a claimant with\npneumoconiosis is suffering from coal worker’s pneumoconiosis or from some\nother type of pneumoconiosis such as silicosis, it shall be conclusively\npresumed that he is suffering from coal worker’s pneumoconiosis if he has\nhad injurious exposure to coal dust.\n\nD. In the event that any coal operator wishes to insure himself under standard\nworkers’ compensation insurance rather than be self-insured against the\nrisks and liabilities imposed by this section or by § 65.2-513, any such\ninsurance issued in this Commonwealth covering such risks shall be rated\nseparately for premium purposes and shall not affect workers’ compensation\nrates for any other employers not exposed to such risks.\n\nE. All members of any panel or committee required to interpret or classify a\nchest roentgenogram for purposes of diagnosing a coal worker’s\npneumoconiosis shall be B-readers approved by the National Institute for\nOccupational Safety and Health.\n\nHISTORY: 1972, c. 619, \u00a7 65.1-56.1; 1973, c. 436; 1974, cc. 201, 560; 1975, c.\n447; 1990, c. 610; 1991, c. 355; 2000, cc. 408, 520; 2011, c. 513.","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}}