{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/65.2-709.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/65.2-709.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/65.2-709.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/65.2-709.html"}],"law_id":68056,"edition_id":1,"section_id":68056,"structure_id":13200,"section_number":"65.2-709","catch_line":"Cost of living supplements for total incapacity and dependents of deceased","history":"1975, c. 472, \u00a7 65.1-99.1; 1981, c. 265; 1986, c. 548; 1991, c. 355; 1997, c. 296; 2022, c. 182.","full_text":"A\n\nCost of living supplements shall be payable under this section if:1\n\nThe combined disability benefit entitlement of a claimant or his dependents under this title and the federal Old-Age, Survivors, and Disability Insurance program is less than 80 percent of the average monthly earnings of the claimant before disability or death; or2\n\nThe claimant or his dependents are receiving disability payments under this title but not benefits under the federal Old-Age, Survivors, and Disability Insurance program.\n\t\t\t\tSuch cost of living supplements shall be payable, in addition to the other benefits payable under this title, in accordance with the provisions of this section to those recipients of awards resulting from occupational disease, accident, or death occurring on or after July 1, 1975, under § 65.2-500, subsection C of § 65.2-503, subdivision A 4 of § 65.2-504, and §§ 65.2-512 and 65.2-513. For purposes of determining the monthly amount of combined disability entitlement received by a claimant pursuant to subdivision A 1, the claimant may deduct any monthly amounts paid for Medicare.B\n\nThe Commission may require the claimant to present evidence of filing for federal Old-Age, Survivors, and Disability Insurance benefits in order to establish eligibility under subdivision A 1 and also may require the claimant to furnish the employer with the decision on his claim for such federal benefits.C\n\nThe amounts of supplementary payments provided for herein shall be determined by using a compounding method of computation annually. The percentage of change shall be determined by reference to the increase, if any, in the United States Average Consumer Price Index for all items, as published by the Bureau of Labor Statistics of the U.S. Department of Labor, from its monthly average, from one calendar year to another.D\n\nAmounts of supplementary payments shall be based on the percentage increase, if any, in the Average Consumer Price Index for all items adjusted annually. Any change in the cost of living supplement determined as of any determination date shall become effective as of October 1 next following such determination date and, as the case may be, shall be added to or subtracted from any cost of living supplements previously payable; however, compensation paid the claimant under this section shall at no time exceed the then current maximum weekly amount payable under § 65.2-500.","order_by":null,"text":{"0":{"id":246424,"text":"Cost of living supplements shall be payable under this section if:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":246425,"text":"The combined disability benefit entitlement of a claimant or his dependents under this title and the federal Old-Age, Survivors, and Disability Insurance program is less than 80 percent of the average monthly earnings of the claimant before disability or death; or","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":246426,"text":"The claimant or his dependents are receiving disability payments under this title but not benefits under the federal Old-Age, Survivors, and Disability Insurance program.\n\t\t\t\tSuch cost of living supplements shall be payable, in addition to the other benefits payable under this title, in accordance with the provisions of this section to those recipients of awards resulting from occupational disease, accident, or death occurring on or after July 1, 1975, under § 65.2-500, subsection C of § 65.2-503, subdivision A 4 of § 65.2-504, and §§ 65.2-512 and 65.2-513. For purposes of determining the monthly amount of combined disability entitlement received by a claimant pursuant to subdivision A 1, the claimant may deduct any monthly amounts paid for Medicare.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"B"},"3":{"id":246427,"text":"The Commission may require the claimant to present evidence of filing for federal Old-Age, Survivors, and Disability Insurance benefits in order to establish eligibility under subdivision A 1 and also may require the claimant to furnish the employer with the decision on his claim for such federal benefits.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A2","next_prefix":"C"},"4":{"id":246428,"text":"The amounts of supplementary payments provided for herein shall be determined by using a compounding method of computation annually. The percentage of change shall be determined by reference to the increase, if any, in the United States Average Consumer Price Index for all items, as published by the Bureau of Labor Statistics of the U.S. Department of Labor, from its monthly average, from one calendar year to another.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"5":{"id":246429,"text":"Amounts of supplementary payments shall be based on the percentage increase, if any, in the Average Consumer Price Index for all items adjusted annually. Any change in the cost of living supplement determined as of any determination date shall become effective as of October 1 next following such determination date and, as the case may be, shall be added to or subtracted from any cost of living supplements previously payable; however, compensation paid the claimant under this section shall at no time exceed the then current maximum weekly amount payable under § 65.2-500.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":13200,"edition_id":1,"name":"Procedure in Connection With Awards","identifier":"7","label":"chapter","depth":2,"order_by":1,"parent_id":13199,"metadata":{},"date_created":"2026-06-26 03:44:26","date_modified":"2026-06-26 03:44:26","permalink":{"id":276585,"object_type":"structure","relational_id":13200,"identifier":"7","token":"65.2\/7","url":"\/65.2\/7\/","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":63871,"structure_id":13200,"section_number":"65.2-700","catch_line":"Jurisdiction of Commission","url":"\/65.2-700\/","token":"65.2\/7\/65.2-700","metadata":false},{"id":75376,"structure_id":13200,"section_number":"65.2-701","catch_line":"Agreement as to compensation; penalty","url":"\/65.2-701\/","token":"65.2\/7\/65.2-701","metadata":false},{"id":85640,"structure_id":13200,"section_number":"65.2-702","catch_line":"Disagreement on compensation; venue","url":"\/65.2-702\/","token":"65.2\/7\/65.2-702","metadata":false},{"id":54210,"structure_id":13200,"section_number":"65.2-703","catch_line":"Interrogatories and depositions","url":"\/65.2-703\/","token":"65.2\/7\/65.2-703","metadata":false},{"id":77883,"structure_id":13200,"section_number":"65.2-704","catch_line":"Hearing; award or opinion by Commission","url":"\/65.2-704\/","token":"65.2\/7\/65.2-704","metadata":false},{"id":64198,"structure_id":13200,"section_number":"65.2-705","catch_line":"Review of award; rehearing","url":"\/65.2-705\/","token":"65.2\/7\/65.2-705","metadata":false},{"id":80511,"structure_id":13200,"section_number":"65.2-706","catch_line":"Conclusiveness of award; appeal","url":"\/65.2-706\/","token":"65.2\/7\/65.2-706","metadata":false},{"id":58895,"structure_id":13200,"section_number":"65.2-706.1","catch_line":"Estoppel effect of a Virginia Workers' Compensation Commission determination of employment status","url":"\/65.2-706.1\/","token":"65.2\/7\/65.2-706.1","metadata":false},{"id":73872,"structure_id":13200,"section_number":"65.2-706.2","catch_line":"Claims not barred","url":"\/65.2-706.2\/","token":"65.2\/7\/65.2-706.2","metadata":false},{"id":73644,"structure_id":13200,"section_number":"65.2-707","catch_line":"Interest on appealed award","url":"\/65.2-707\/","token":"65.2\/7\/65.2-707","metadata":false},{"id":81274,"structure_id":13200,"section_number":"65.2-708","catch_line":"Review of award on change in condition","url":"\/65.2-708\/","token":"65.2\/7\/65.2-708","metadata":false},{"id":68056,"structure_id":13200,"section_number":"65.2-709","catch_line":"Cost of living supplements for total incapacity and dependents of deceased","url":"\/65.2-709\/","token":"65.2\/7\/65.2-709","metadata":false},{"id":61818,"structure_id":13200,"section_number":"65.2-710","catch_line":"Enforcement, etc., of orders and awards","url":"\/65.2-710\/","token":"65.2\/7\/65.2-710","metadata":false},{"id":81815,"structure_id":13200,"section_number":"65.2-711","catch_line":"Reporting of address change by employee; suspension of payment of benefits","url":"\/65.2-711\/","token":"65.2\/7\/65.2-711","metadata":false},{"id":80256,"structure_id":13200,"section_number":"65.2-712","catch_line":"Reporting incarcerations, change in earnings, remarriage, change in student status; recovery of payments procured by fraud, misrepresentation, or unreported change in condition","url":"\/65.2-712\/","token":"65.2\/7\/65.2-712","metadata":false},{"id":67202,"structure_id":13200,"section_number":"65.2-713","catch_line":"Costs","url":"\/65.2-713\/","token":"65.2\/7\/65.2-713","metadata":false},{"id":66371,"structure_id":13200,"section_number":"65.2-714","catch_line":"Fees of attorneys and physicians and hospital charges","url":"\/65.2-714\/","token":"65.2\/7\/65.2-714","metadata":false},{"id":77896,"structure_id":13200,"section_number":"65.2-715","catch_line":"Providing written information","url":"\/65.2-715\/","token":"65.2\/7\/65.2-715","metadata":false}],"previous_section":{"id":81274,"structure_id":13200,"section_number":"65.2-708","catch_line":"Review of award on change in condition","url":"\/65.2-708\/","token":"65.2\/7\/65.2-708","metadata":false},"next_section":{"id":61818,"structure_id":13200,"section_number":"65.2-710","catch_line":"Enforcement, etc., of orders and awards","url":"\/65.2-710\/","token":"65.2\/7\/65.2-710","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/65.2-709\/","history_text":"

This law was first created in 1975. The record of its establishment is cataloged in chapter 472 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 1975 \u201cActs\u201d aren\u2019t available online. It has been modified 5 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 1981, chapter 265; in 1986, chapter 548; in 1991, chapter 355; in 1997, chapter 296<\/a>; in 2022, chapter 182<\/a>.<\/p>","references":[{"id":82651,"section_number":"65.2-603","catch_line":"Duty to furnish medical attention, etc., and vocational rehabilitation; effect of refusal of employee to accept","order_by":null,"url":"\/65.2-603\/"}],"refers_to":[{"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":65657,"section_number":"65.2-503","catch_line":"Permanent loss","order_by":null,"url":"\/65.2-503\/"},{"id":70887,"section_number":"65.2-504","catch_line":"Compensation for disability from coal worker's pneumoconiosis; insurance of coal operator","order_by":null,"url":"\/65.2-504\/"},{"id":56660,"section_number":"65.2-512","catch_line":"Compensation to dependents of an employee killed; burial expenses","order_by":null,"url":"\/65.2-512\/"},{"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":276631,"object_type":"law","relational_id":68056,"identifier":"65.2-709","token":"65.2\/7\/65.2-709","url":"\/65.2-709\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/65.2-709\/","token":"65.2\/7\/65.2-709","dublin_core":{"Title":"Cost of living supplements for total incapacity and dependents of deceased","Type":"Text","Format":"text\/html","Identifier":"\u00a7 65.2-709","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Cost of living supplements shall be payable under this section if: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The combined disability benefit entitlement of a claimant or his dependents under this title and the federal Old-Age, Survivors, and Disability Insurance program is less than 80 percent of the average monthly earnings of the claimant before disability or death; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The claimant or his dependents are receiving disability payments under this title but not benefits under the federal Old-Age, Survivors, and Disability Insurance program.\n\t\t\t\tSuch cost of living supplements shall be payable, in addition to the other benefits payable under this title, in accordance with the provisions of this section to those recipients of awards<\/span> resulting from occupational disease, accident, or death occurring on or after July 1, 1975, under § 65.2-500<\/a>, subsection C of § 65.2-503<\/a>, subdivision A 4 of § 65.2-504<\/a>, and §§ 65.2-512<\/a> and 65.2-513<\/a>. For purposes of determining the monthly amount of combined disability entitlement received by a claimant pursuant to subdivision A 1, the claimant may deduct any monthly amounts paid for Medicare. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Commission<\/span> may require the claimant to present evidence<\/span> of filing for federal Old-Age, Survivors, and Disability Insurance benefits in order<\/span> to establish eligibility under subdivision A 1 and also may require the claimant to furnish the employer<\/span> with the decision on his claim for such federal benefits. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The amounts of supplementary payments provided for herein shall be determined by using a compounding method of computation annually. The percentage of change shall be determined by reference to the increase, if any, in the United States Average Consumer Price Index for all items, as published by the Bureau of Labor Statistics of the U.S. Department of Labor, from its monthly average, from one calendar year to another. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Amounts of supplementary payments shall be based on the percentage increase, if any, in the Average Consumer Price Index for all items adjusted annually. Any change in the cost of living supplement determined as of any determination date shall become effective as of October 1 next following such determination date and, as the case may be, shall be added to or subtracted from any cost of living supplements previously payable; however, compensation paid the claimant under this section shall at no time exceed the then current maximum weekly amount payable under § 65.2-500<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCOST OF LIVING SUPPLEMENTS FOR TOTAL INCAPACITY AND DEPENDENTS OF DECEASED (\u00a7\n65.2-709)\n\nA. Cost of living supplements shall be payable under this section if:\n\n 1. The combined disability benefit entitlement of a claimant or his dependents\n under this title and the federal Old-Age, Survivors, and Disability Insurance\n program is less than 80 percent of the average monthly earnings of the\n claimant before disability or death; or\n\n 2. The claimant or his dependents are receiving disability payments under this\n title but not benefits under the federal Old-Age, Survivors, and Disability\n Insurance program.\n \t\t\t\tSuch cost of living supplements shall be payable, in addition to the other\n benefits payable under this title, in accordance with the provisions of this\n section to those recipients of awards resulting from occupational disease,\n accident, or death occurring on or after July 1, 1975, under § 65.2-500,\n subsection C of § 65.2-503, subdivision A 4 of § 65.2-504, and\n §§ 65.2-512 and 65.2-513. For purposes of determining the monthly\n amount of combined disability entitlement received by a claimant pursuant to\n subdivision A 1, the claimant may deduct any monthly amounts paid for\n Medicare.\n\nB. The Commission may require the claimant to present evidence of filing for\nfederal Old-Age, Survivors, and Disability Insurance benefits in order to\nestablish eligibility under subdivision A 1 and also may require the claimant to\nfurnish the employer with the decision on his claim for such federal benefits.\n\nC. The amounts of supplementary payments provided for herein shall be determined\nby using a compounding method of computation annually. The percentage of change\nshall be determined by reference to the increase, if any, in the United States\nAverage Consumer Price Index for all items, as published by the Bureau of Labor\nStatistics of the U.S. Department of Labor, from its monthly average, from one\ncalendar year to another.\n\nD. Amounts of supplementary payments shall be based on the percentage increase,\nif any, in the Average Consumer Price Index for all items adjusted annually. Any\nchange in the cost of living supplement determined as of any determination date\nshall become effective as of October 1 next following such determination date\nand, as the case may be, shall be added to or subtracted from any cost of living\nsupplements previously payable; however, compensation paid the claimant under\nthis section shall at no time exceed the then current maximum weekly amount\npayable under § 65.2-500.\n\nHISTORY: 1975, c. 472, \u00a7 65.1-99.1; 1981, c. 265; 1986, c. 548; 1991, c. 355;\n1997, c. 296; 2022, c. 182.","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}}