CHAPTER 94

An Act to amend and reenact §§ 65-51, 65-52, 65-62, and 65-68, as
amended, of the Code of Virginia, relating to compensation for total
and partial incapacity for work, compensation to dependents of
employee killed, and limitations upon total compensation, under the
Workmen’s Compensation Act.

[H 122]

Approved February 25, 1964

Be it enacted by the General Assembly of Virginia:

1. That §§ 65-51, 65-52, 65-62 and 65-68, as amended, of the Code of
Virginia be amended and reenacted as follows:

8 65-51. 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 compensa-
tion equal to sixty per centum of his average weekly wages, but not more
than thirty- * nine dollars, nor less than * fourteen dollars a week; and in
no case shall the period covered by such compensation be greater than
five hundred weeks, nor shall the total amount of all compensation exceed
* fifteen thousand six hundred dollars.

§ 65-52. Except as otherwise provided in § 65-53, when the inca-
pacity 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 sixty 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 thirty- * nine dollars a week. 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.

§ 65-62. If 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 pro-
vided, to the dependents of the employee wholly dependent upon his earn-
ings for support at the time of the accident a weekly payment equal to
sixty per centum of his average weekly wages, but not more than thirty- *
mine dollars nor less than * fourteen dollars a week for a period of three
hundred weeks, but in no case to exceed eleven thousand * seven hundred
dollars from the date of the injury, and burial expenses not exceeding
three hundred 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 propor-
tion 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 dependents, 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.

§ 65-68. The total compensation payable under this Act shall in no
case exceed * fifteen thousand siz hundred dollars.