                                 CODE OF VIRGINIA

RECOVERY FROM SUBCONTRACTOR; PROCEEDINGS AGAINST OWNER OR CONTRACTOR (§
65.2-303)

A. Nothing in &#xA7;&#xA7; 65.2-302 and 65.2-304 shall be construed as
preventing a worker from recovering compensation under this title from a
subcontractor (as described in &#xA7; 65.2-302) instead of from the principal
contractor (as described in &#xA7; 65.2-302) but he shall not collect from both.

B. When compensation is claimed from or proceedings are taken against the owner
or contractor (as described in &#xA7; 65.2-302), then, in the application of
this title, reference to the owner or contractor shall be substituted for
reference to the subcontractor (as described in &#xA7; 65.2-302), except that
the amount of compensation shall be calculated with reference to the earnings of
the worker under the subcontractor by whom he is immediately employed.

HISTORY: Code 1950, §§ 65-29, 65-31; 1968, c. 660, §§ 65.1-32, 65.1-34;
1991, c. 355.