                                 CODE OF VIRGINIA

WAIVER (§ 65.2-407)

A. When an employee or prospective employee, though not incapacitated for work,
is found to be affected by, or susceptible to, a specific occupational disease
he may, subject to the approval of the Commission, be permitted to waive in
writing compensation for any aggravation of his condition that may result from
his working or continuing to work in the same or similar occupation for the same
employer.

B. The Commission shall approve a waiver for coal worker&#8217;s pneumoconiosis
and silicosis only when presented with X-ray evidence from a physician qualified
in the opinion of the Commission to make the determination and which
demonstrates a positive diagnosis of the pneumoconiosis or the existence of a
lung condition which makes the employee or prospective employee significantly
more susceptible to the pneumoconiosis.

C. In considering approval of a waiver, the Commission may supply any medical
evidence to a disinterested physician for his opinion as to whether the employee
is affected by the disease or has the preexisting condition.

HISTORY: Code 1950, § 65-50; 1968, c. 660, § 65.1-53; 1970, c. 517; 1979, c.
201; 1991, c. 355.