                                 CODE OF VIRGINIA

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
(§ 65.2-500)

A. Except as provided in subsections E, F and G, when the incapacity for work
resulting from the injury is total, the employer shall pay, or cause to be paid,
as hereinafter provided, to the injured employee during such total incapacity, a
weekly compensation equal to 66 2/3 percent of his average weekly wages, with a
minimum not less than 25 percent and a maximum of not more than 100 percent of
the average weekly wage of the Commonwealth as defined herein. In any event,
income benefits shall not exceed the average weekly wage of the injured
employee. Any farm employer who continues to furnish benefits while the employee
is incapacitated shall be given credit for the value of such benefits so
furnished when computing the compensation due the employee.

B. For the purpose of this section the average wage in the Commonwealth shall be
determined by the Commission as follows: On or before January 1 of each year,
the total wages, excluding wages of United States government employees, reported
on contribution reports to the Virginia Employment Commission for the 12-month
period ending the preceding June 30 shall be divided by the average monthly
number of insured workers (determined by dividing the total insured workers
reported for that 12-month period by 12). The average annual wage thus obtained
shall be divided by 52 and the average weekly wage thus determined rounded to
the nearest dollar. The average weekly wage as so determined shall be applicable
for the full period during which income benefits are payable, when the date of
occurrence of injury or of disablement in the case of disease falls within the
year commencing with the July 1 following the date of determination.

C. The minimum or the maximum weekly income benefits shall not be changed for
any year unless the computation herein provided results in an increase or
decrease of $2 or more, raised to the next even dollar in the level of the
minimum or the maximum weekly income benefits.

D. The weekly compensation on account of total and permanent incapacity as
defined by subsection C of &#xA7; 65.2-503 shall continue for the lifetime of
the injured employee without limit as to total amount.

E. AmeriCorps members as defined in subdivision r of &#xA7; 65.2-101 shall not
be eligible to receive weekly compensation for total incapacity, whether
permanent or temporary, regardless of whether the injury results in death.

F. Food Stamp recipients participating in the work experience component of the
Food Stamp Employment and Training Program as defined in subdivision s of &#xA7;
65.2-101 shall not be eligible to receive weekly compensation for total
incapacity, whether permanent or temporary, regardless of whether the injury
results in death.

G. 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; 65.2-101 shall not be eligible to receive
weekly compensation for total incapacity, whether permanent or temporary,
regardless of whether the injury results in death.

HISTORY: Code 1950, § 65-51; 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, §
65.1-54; 1970, c. 470; 1972, c. 229; 1973, c. 542; 1974, c. 560; 1975, c. 447;
1991, c. 355; 1997, c. 511; 2004, c. 888; 2005, c. 472; 2019, c. 210.