                                 CODE OF VIRGINIA

NOTICE TO BE GIVEN (§ 65.2-405)

A. Within sixty days after a diagnosis of an occupational disease is first
communicated to the employee, he, or someone in his behalf, shall give written
notice thereof to the employer in accordance with &#xA7; 65.2-600, but in no
case shall the failure to give notice deprive the employee of his cause of
action for an occupational disease, unless it be shown that such failure
resulted in clear prejudice to the employer.

B. The statute of limitations provided under subdivision A 1 of &#xA7; 65.2-406
shall be tolled until the employer gives the employee notice in substantially
the following form:
			NOTICE TO EMPLOYEE
			IN THE EVENT A DIAGNOSIS OF COAL MINERS&#8217; PNEUMOCONIOSIS (INCLUDING
BLACK LUNG, SILICOSIS, PNEUMOCONIOSIS, COAL WORKERS&#8217; PNEUMOCONIOSIS, ROCK
DUST, DUST, DUST ON YOUR LUNGS OR TERMS OF SIMILAR MEANING) IS COMMUNICATED TO
YOU, YOU MAY HAVE A WORKERS&#8217; COMPENSATION CLAIM. HOWEVER, SUCH CLAIM MAY
BE LOST IF YOU DO NOT FILE IT WITH THE VIRGINIA WORKERS&#8217; COMPENSATION
COMMISSION WITHIN THE TIME LIMIT PROVIDED BY LAW. YOU MAY FIND OUT WHAT TIME
LIMIT APPLIES TO YOUR CLAIM BY CONTACTING THE WORKERS&#8217; COMPENSATION
COMMISSION. THE FACT THAT YOU ARE TOLD THAT YOU HAVE COAL MINERS&#8217;
PNEUMOCONIOSIS WHICH HAS NOT REACHED THE COMPENSABLE LEVEL UNDER THE GUIDELINES
OF THE WORKERS&#8217; COMPENSATION COMMISSION OR THAT YOU ARE STILL ABLE TO WORK
OR ARE WORKING DOES NOT STOP THE TIME FROM RUNNING OR OTHERWISE RELIEVE YOU OF
YOUR DUTY TO FILE YOUR CLAIM WITH THE WORKERS&#8217; COMPENSATION COMMISSION.
			Such notice shall also include the address and telephone number which the
employee may use to contact the Commission.
			The employer shall post and keep posted, conspicuously, the above notice in,
on, or about the mine operations in places usually frequented by employees.

C. The provisions of subsection B shall apply only to claims arising on or after
July 1, 1991.

HISTORY: Code 1950, § 65-48; 1952, c. 205; 1958, c. 457; 1968, c. 660, §
65.1-51; 1970, c. 470; 1972, c. 619; 1991, cc. 301, 355.