Chap. 249.—An ACT to amend and re-enact sections 15, 30, 31, 39 and 4
of the Virginia Workmen’s Compensation Act, which became a law Marck
21, 1918, as heretofore amended. [fH B 199]

Approved March 26, 1938

1. Be it enacted by the General Assembly of Virginia, That sec-
tions fifteen, thirty, thirty-one, thirty-nine and forty-two of the Vir-
ginia Workmen’s Compensation Act, which became a law March
twenty-first, nineteen hundred and eighteen, as heretofore amended,
be amended and re-enacted so as to read as follows:

Section 15. This act shall not apply to common carriers whose
motive power is steam and engaged in intra-state trade or commerce,
nor shall this act be construed to lessen the liability of such common
carriers or take away or diminish any right that any employee, or in
case of his death, the personal representative of such employee, of
such common carrier may have, under the act of the General Assembly
of Virginia, relating to liability of common carriers whose motive
power is steam and engaged in intra-state commerce for injury to or
death of their employees, and providing for pleading thereof, approved
March twenty-first, nineteen hundred and sixteen, or under the act
of the General Assembly of Virginia, to amend and re-enact an act
entitled an act imposing upon railroad corporations liability for injury
to their employees in certain cases, approved March fourteenth, nine-
teen hundred and twelve, nor to casual employees, farm and _ horti-
cultural laborers and domestic servants nor to employees of such
persons, nor to any persons, firm or private corporation, including any
public service corporation, that has regularly in service less than eleven
employees in the same business within this State; unless such em-
ployees and their employers voluntarily elect to be bound by this act.

Section 30. Where the incapacity for work resulting from the
injury is total, the employer shall pay, or cause to be paid, as here-
inafter provided, to the injured employee during such total incapacity,
a weekly compensation equal to fifty-five per centum of his average
weekly wages, but not more than sixteen dollars, nor less than six
dollars a week; and in no case shall the period covered by such com-
pensation be greater than five hundred weeks, nor shall the total
amount of all compensation exceed six thousand dollars.

Section 31. Except as otherwise provided in the next section here-
aiter, where the incapacity for work resulting from the injury is par-
tial, the employer shall pay, or cause to be paid, as hereinafter pro-
vided, to the injured employee during such incapacity a weekly com-
pensation equal to fifty-five per centum of the difference between his
average weekly wages before the injury and the average weekly wages
which he is able to earn thereafter, but not more than sixteen dollars
a week, and in no case shall the period covered by such compensation
be greater than three hundred weeks from the date of the injury.
In case the partial incapacity begins after a period of total incapacity,
the latter period shall be deducted from the maximum period herein
allowed for partial incapacity. ,

Section 39. If the death results from the accident within six years,
the employer shall pay or cause to be paid, subject, however, to the
provisions of the other sections of this act, in one of the methods
hereinafter provided, to the dependents of the employee wholly depen-
dent upon his earnings for support at the time of accident 4 weekly
payment equal to fifty-five per centum of his average weekly wages,
but not more than sixteen dollars nor less than six dollars a week for
a period of three hundred weeks, but in no case to exceed five thous-
and dollars, from the date of the injury, and burial expenses not exceed-
ing one hundred and fifty dollars. If the employee leaves dependents
only partly dependent upon his earnings for support at the time of the
injury, the weekly compensation to be paid as aforesaid, shall equal
the same proportion of the weekly payments for the benefit of persons
wholly dependent, as the extent of partial dependency bears to total
dependency. When weekly payments have been made to an injured
employee before his death the compensation to dependents shall begin
from the date of the last of such payments, but shall not continue more
than three hundred weeks from the date of the injury. If the em-
ployee does not leave dependent, citizens of and residing at the time
of the accident in the United States or Dominion of Canada, the
amount of compensation shall not in any case exceed one thousand
dollars.

Section 42. The total compensation payable under this act shall
in no case exceed six thousand dollars ($6,000.00).