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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>85307</law_id><section_number>65.2-502</section_number><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</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>60.2-604</reference><reference>65.2-107</reference><reference>65.2-1103</reference><reference>65.2-501</reference><reference>65.2-503</reference><reference>65.2-506</reference><reference>65.2-510</reference><reference>65.2-510.1</reference><reference>65.2-602</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="65.2">Workers' Compensation</unit><unit label="chapter" level="2" order_by="1" identifier="5">Compensation and Payment Thereof</unit></structure><text>
						<section id="A"><p><span class="prefix-number">A.</span> Except as otherwise provided in &#xA7; <a class="law" title="Permanent loss" href="/65.2-503/">65.2-503</a> or <a class="law" title="Refusal of employment; compensation for partial incapacity" href="/65.2-510/">65.2-510</a>, or as provided in subsections B, C and D, when the incapacity for work resulting from the <span class="dictionary">injury</span> is partial, the <span class="dictionary">employer</span> shall pay, or cause to be paid, as hereinafter provided, to the injured employee during such incapacity a weekly compensation equal to 66 2/3 percent of the difference between his average weekly wages before the <span class="dictionary">injury</span> and the average weekly wages which he is able to earn thereafter, but not more than 100 percent of the average weekly wage of the Commonwealth as defined in &#xA7; <a class="law" title="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" href="/65.2-500/">65.2-500</a>. For purposes of calculating an injured employee&#x2019;s post-<span class="dictionary">injury</span> average weekly wage, the following rules shall apply to commissioned employees, self-employed income, and income derived from an <span class="dictionary">employer</span> in which the injured worker or their immediate family has an ownership interest: if the period of partial incapacity exists for 13 weeks or less, the injured employee&#x2019;s post-<span class="dictionary">injury</span> average weekly wage shall be computed by dividing the employee&#x2019;s total earnings during the first two weeks of partial incapacity by two, subject to retroactive adjustments as provided hereinafter. If the period of partial incapacity exists for more than 13 weeks, the injured employee&#x2019;s post-<span class="dictionary">injury</span> average weekly wage for each 13-week interval shall be computed by dividing the employee&#x2019;s total earnings during the period of partial incapacity by the number of weeks included in such period; however, if an injured employee&#x2019;s period of partial incapacity ends after the close of a 13-week interval but before the close of the next 13-week interval, the injured employee&#x2019;s post-<span class="dictionary">injury</span> average weekly wage for such portion of the subsequent 13-week interval shall be calculated by dividing the employee&#x2019;s total earnings during the period of partial incapacity by the number of weeks included in such period. When an injured employee is under a continuing <span class="dictionary">award</span> of temporary partial benefits, the <span class="dictionary">employer</span> or the employee shall be entitled to seek a retroactive adjustment of the temporary partial rate for the 90 days preceding the application seeking such adjustment of the temporary partial rate computed in accordance with the above method of calculation. Any resulting amount due to the employee shall be paid to the employee. Any resulting credit due to the <span class="dictionary">employer</span> may be offset dollar for dollar against future compensation benefits due the injured employee, subject to the provisions of &#xA7; <a class="law" title="Voluntary payment by employer" href="/65.2-520/">65.2-520</a>. The employee is required pursuant to &#xA7; <a class="law" title="Reporting incarcerations, change in earnings, remarriage, change in student status; recovery of payments procured by fraud, misrepresentation, or unreported change in condition" href="/65.2-712/">65.2-712</a> to immediately disclose increases in his earnings. For all other employments, the employee&#x2019;s post-<span class="dictionary">injury</span> average weekly wage may, in the <span class="dictionary">Commission</span>&#x2019;s discretion, be calculated using the preceding formula or a week-to-week calculation. In case the partial incapacity begins after a period of total incapacity, the latter period shall be deducted from the maximum period herein allowed for partial incapacity. However, the <span class="dictionary">employer</span> shall not be required to pay, or cause to be paid, compensation under this section to any injured employee not eligible for lawful employment; nor shall any such injured employee not eligible for lawful employment who is partially incapacitated be entitled during partial incapacity to receive temporary total benefits under &#xA7; <a class="law" title="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" href="/65.2-500/">65.2-500</a>. <a id="paragraph-305657" class="section-permalink" href="https://vacode.org/65.2-502/#A"><i class="fa fa-link"/></a></p></section>
						<section id="B"><p><span class="prefix-number">B.</span> AmeriCorps members as defined in subdivision r of &#xA7; <a class="law" title="Definitions" href="/65.2-101/">65.2-101</a> shall not be eligible to receive weekly compensation for partial incapacity, whether permanent or temporary, regardless of whether the <span class="dictionary">injury</span> results in death. <a id="paragraph-305658" class="section-permalink" href="https://vacode.org/65.2-502/#B"><i class="fa fa-link"/></a></p></section>
						<section id="C"><p><span class="prefix-number">C.</span> Food Stamp recipients participating in the work experience component of the Food Stamp Employment and Training Program as defined in subdivision s of &#xA7; <a class="law" title="Definitions" href="/65.2-101/">65.2-101</a> shall not be eligible to receive weekly compensation for partial incapacity, whether permanent or temporary, regardless of whether the <span class="dictionary">injury</span> results in death. <a id="paragraph-305659" class="section-permalink" href="https://vacode.org/65.2-502/#C"><i class="fa fa-link"/></a></p></section>
						<section id="D"><p><span class="prefix-number">D.</span> Temporary Assistance for Needy Families recipients participating in the work experience component of the Virginia Initiative for Education and Work as defined in subdivision t of &#xA7; <a class="law" title="Definitions" href="/65.2-101/">65.2-101</a> shall not be eligible to receive weekly compensation for partial incapacity, whether permanent or temporary, regardless of whether the <span class="dictionary">injury</span> results in death. <a id="paragraph-305660" class="section-permalink" href="https://vacode.org/65.2-502/#D"><i class="fa fa-link"/></a></p></section></text><history>Code 1950, &#xA7; 65-52; 1952, c. 226; 1954, c. 654; 1956, c. 243; 1958, c. 568; 1960, c. 556; 1962, c. 503; 1964, c. 94; 1966, c. 64; 1968, cc. 8, 660, &#xA7; 65.1-55; 1970, c. 470; 1972, c. 229; 1973, c. 542; 1974, c. 560; 1975, c. 447; 1990, c. 559; 1991, c. 355; 1995, c. 319; 1997, c. 511; 2000, c. 1018; 2004, c. 888; 2005, c. 472; 2006, c. 660; 2019, c. 210.</history><metadata></metadata></law>
