Chap. 54.—An ACT to amend and re-enact sections 26, 29, 30, 31, 32, and 39,
of the Virginia workmen’s compensation act, which became a law March 21,
1918, as heretofore amended. [H B 98]

Approved February 27, 1930

1. Be it enacted by the general assembly of Virginia, That sec-
tions twenty-six, twenty-nine, thirty, thirty-one, thirty-two, and thirty-
nine, of the Virginia workmen’s compensaion act, which became a law
March twenty-first, nineteen hundred and eighteen, as amended, be
amended and re-enacted so as to read as follows: :

Section 26. For a period not exceeding sixty days after an acci-
dent the employer shall furnish or cause to be furnished, free of charge
to the injured employee, such necessary medical attention as the nature
of the accident may require, and the employee shall accept, and during
the whole or any part of the remainder of his disability resulting from
the injury, the employer may, at his own option, continue to furnish
or cause to be furnished, free of charge to the employee, and the
employee shall accept, an attending physician, unless otherwise ordered
by the industrial commission, and in addition, such surgical and hos-
pital service and supplies as may be deemed necessary by said attend-
ing physician or the industrial commission. Provided, however, that
in unusual and extraordinary cases, where, in the judgment of the
majority of the industrial commission, the facts require a reasonable
extension of such medical attention beyond the said period of sixty
days, such majority of the said commission may, in its discretion,
require the employer to furnish free of charge to the injured employee
such medical attention for a reasonable time after the termination
of the said sixty-day period, but not in excess of one hundred and
eighty days.

The refusal of the employee to accept such service when provided
by the employer shall bar the said employee from further compensa-
tion until such refusal ceases, and no compensation shall at any time be
paid for the period of suspension unless, in the opinion of the indus-
trial commission, the circumstances justified the refusal, in which case
the industrial commission may order a change in the medical or
hospital service.

If in an emergency on account of the employer’s failure to pro-
vide the medical care during the first sixty days, as herein specified,
or for other good reasons, a physician other than provided by the
employer is called to treat the injured employee, during the first sixty
days, the reasonable cost of such service shall be paid by the employer
if ordered so to do by the industrial commission.

Section 29. No compensation shall be allowed for the first seven
calendar days of incapacity resulting from an injury except the bene-
fits provided for in section twenty-six; but if incapacity extends be-
yond that period compensation shall commence with the eighth day
of disability. If, however, such incapacity shall continue for a period
of more than six weeks, then compensation shall be allowed from the
first day of such incapacity.

Section 30. Where the incapacity for work resulting from the
injury is total, the employer shall pay, or cause to be paid, as herein-
after 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 fourteen 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 fifty-six hundred dollars.

Section 31. Except as otherwise provided in the next section here-
after where the incapacity for work resulting from the injury is partial,
the employer shall pay, or cause to be paid, as hereinafter provided,
to the injured employee during such incapacity a weekly compensation
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 no more than fourteen 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 32. Cases in which incapacity shall be deemed to continue
for periods specified in section ; compensation.—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, to-wit:

(a) For the loss of a thumb fifty-five per centum of the average
weekly wages during sixty weeks.

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

(c) For the loss of a second finger, fifty-five per centum of ave-
rage weekly wages during thirty weeks.

(d) For the loss of a third finger, fifty-five per centum of average
weekly wages during twenty weeks.

(e) For the loss of a fourth finger, commonly called the little
finger, fifty-five per centum of average weekly wages during fifteen
weeks.

({) 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 specified.

(g) The loss of more than one phalange shall be considered the
loss of entire finger or thumb; provided, however, that in no case shall
the amount received for more than one finger exceed the amount pro-
vided in this schedule for the loss of a hand.

(h) For the loss of a great toe, fifty-five per centum of the average
weekly wages during thirty weeks.

(j) For the loss of one of the toes other than a great toe, fifty-
five per centum of the average weekly wages during ten weeks.

(k) 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.

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

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

(n) For the loss of an arm, fifty-five per centum of the average
weekly wages during two hundred weeks.

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

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

(q) For the permanent total loss of the vision of an eye, fifty-five
per centum of the average weekly wages during one hundred weeks;
and for the permanent partial loss of the vision of an eye, the per-
centage of one hundred weeks equivalent to the percentage of the
vision so permanently lost.

(r) For the permanent total loss of the hearing of an ear, fifty-
five per centum of the average weekly wages during fifty weeks; and
for the permanent partial loss of the hearing of an ear, the percentage
of fifty weeks equivalent to the percentage of the hearing so per-
manently lost.

(s) The loss of both hands, or both arms, or both feet, or both
legs, or both eyes, or any two thereof, in the same accident, shall con-
stitute total and permanent incapacity, to be compensated according to
the provisions of section thirty.

(t) From marked disfigurement of the head or face resulting
from an injury not above mentioned in this section which will impair
the future usefulness or occupational opportunities of the injured em-
ployee, fifty-five per centum of the average weekly wages during sixty
weeks.

The weekly compensation payments referred to in this section shall
all be subject to the same limitations as to maximum and minimums
as set out in section thirty.

(u) In construing the foregoing 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 com-
pensation may be proportionately awarded.

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 dependent of the employee wholly dependent
upon his earnings for support at the time of accident a weekly pay-
ment equal to fifty-five per centum of his average weekly wages, but
not more than fourteen dollars nor less than six dollars a week for
a period of three hundred weeks, but in no case to exceed five thou-
sand dollars, from the date of the injury and burial expenses not
exceeding one hundred and fifty dollars. If the employee leave de-
pendents 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 employee 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.

This act shall become effective on the first day of July, nineteen
hundred and thirty.