                                 CODE OF VIRGINIA

WHAT EMPLOYER AND CARRIER LIABILITY (§ 65.2-404)

A. When an employee has an occupational disease that is covered by this title,
the employer in whose employment he was last injuriously exposed to the hazards
of the disease and the employer&#8217;s insurance carrier, if any, at the time
of the exposure, shall alone be liable therefor, without right to contribution
from any prior employer or insurance carrier.

B. For the purposes of this section, &#8220;injurious exposure&#8221; means an
exposure to the causative hazard of such disease which is reasonably calculated
to bring on the disease in question. Exposure to the causative hazard of
pneumoconiosis for ninety work shifts shall be conclusively presumed to
constitute injurious exposure.

C. The operator of a coal mining business covered by this title who acquires the
business or substantially all of the assets thereof is liable for, and must
secure the payment of, all benefits which would have been payable by the prior
operator under this section with respect to persons previously employed by such
business if the acquisition had not occurred and the prior operator had
continued to operate the business; and the prior operator of the business is not
relieved of any liability under this section.

HISTORY: Code 1950, §§ 65-47, 65-49; 1952, c. 205; 1960, c. 297; 1962, c. 588;
1968, c. 660, §§ 65.1-50, 65.1-52; 1970, c. 470; 1972, cc. 612, 619; 1974, c.
201; 1975, cc. 27, 471; 1979, cc. 80, 201; 1982, c. 82; 1983, c. 469; 1984, c.
411; 1985, c. 191; 1989, c. 502; 1990, c. 417; 1991 c. 355.