CHAPTER 190

An Act to amend and reenact § 65-58 of the Code of Virginia, relating
to Workmen’s Compensation, specific periods of disability thereunder,
and compensation therefor.

[H 386]

Approved March 5, 1964

Be it enacted by the General Assembly of Virginia:

- That § 65-53 of the Code of Virginia be amended and reenacted as
ollows:

§ 65-53. In cases included by the following schedule the incapacity
in each case shall be deemed to continue for the period specified and the
compensation so paid for such injury shall be as specified therein and shall
be in lieu of all other compensation:

(1) For the loss of a thumb sixty per centum of the average weekly
wages during sixty weeks.
(2) For the loss of a first finger, commonly called the index finger,
sixty per centum of the average weekly wages during thirty-five weeks.

(3) For the loss of a second finger sixty per centum of average week-
ly wages during thirty weeks.

(4) For the loss of a third finger sixty per centum of average weekly
wages during twenty weeks.

(5) For the loss of a fourth finger, commonly called the little finger,
sixty per centum of average weekly wages during fifteen weeks.

(6) The loss of the first phalange of the thumb or any finger shall be
considered to be equal to the loss of one-half of such thumb or finger and
the compensation shall be for one-half of the periods of time above spe-
cified.
(7) The loss of more than one phalange shall be considered the loss of
the entire finger or thumb; provided, however, that in no case shall the
amount received for more than one finger exceed the amount provided in
this schedule for the loss of a hand.

(8) For the loss of a great toe sixty per centum of the average weekly
wages during thirty weeks.

(9) For the loss of one of the toes other than a great toe sixty per
centum of the average weekly wages during ten weeks.

(10) The loss of the first phalange of any toe shall be considered to be
equal to the loss of one-half of such toe and the compensation shall be for
one-half of the periods of time above specified.

(11) The loss of more than one phalange shall be considered as the
loss of the entire toe.

(12) For the loss of a hand sixty per centum of the average weekly
wages during one hundred and fifty weeks.

(13) For the loss of an arm sixty per centum of the average weekly
wages during two hundred weeks.

(14) For the loss of a foot sixty per centum of average weekly wages
during one hundred and twenty-five weeks.

(15) For the loss of a leg sixty per centum of average weekly wages
during one hundred and seventy-five weeks.

(16) For the permanent total loss of the vision of an eye sixty per
centum of the average weekly wages during one hundred weeks; and for the
permanent partial loss of the vision of an eye the percentage of one hun-
dred weeks equivalent to the percentage of the vision so permanently lost.

(17) For the permanent total loss of the hearing of an ear sixty per
centum of the average weekly wages during fifty weeks; and for the per-
manent partial loss of the hearing of an ear the percentage of fifty weeks
equivalent to the percentage of the hearing so permanently lost.

(18) The loss of both hands, both arms, both feet, both legs or both
eyes, or any two thereof, in the same accident, shall constitute total and
eeei incapacity, to be compensated according to the provisions of

65-51.

(19) For marked disfigurement of the head or face, hands, arms or
legs resulting from an injury not above mentioned in this section which
will impair the future usefulness or occupational opportunities of the
injured employee sixty per centum of the average weekly wages not
exceeding sixty weeks.

(20) (a) For silicosis medically determined to be in the first stage,
whether or not physical capacity for work is impaired, or in the second
stage where physical capacity for work is not impaired, 60% of the aver-
age weekly wages during 26 weeks.

(b) For silicosis medically determined to be in the second stage, and
physical capacity for work is impaired, 60% of the average weekly wages
during 78 weeks.

(c) For silicosis medically determined to be in the third stage, com-
pensation shall be according to the provisions of §§ 65-51 and 65-52.

In construing this section the permanent loss of the use of a member
shall be held equivalent to the loss of such member and for the permanent
partial loss or loss of use of a member compensation may be proportion-
ately awarded.

The weekly compensation payments referred to in this section shall all
be eee. to the same limitations as to maxima and minima as set out
in § 65-51.