CHAPTER 347

An Act to amend and reenact § 65-58, as amended, of the Code of Virginia,
relating to periods of incapacity for certain injuries and the amount
of compensation therefor.

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Be it enacted by the General Assembly of Virginia:

1. That § 65-53, as amended, of the Code of Virginia be amended and
reenacted as follows:

§ 65-58. Cases in which incapacity shall be deemed to continue for
periods specified in section; compensation.—In cases included by the fol-
lowing schedule the incapacity in each case shall be deemed to continue for
the period specified and the compensation so paid for such injury
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 weekly
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 specified.

(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 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 twenty-five weeks.

(15) For the loss of a leg sixty per centum of average weekly wages
during one hundred 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
hundred weeks equivalent to the percentage of the vision so permanently

ost.

(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
permanent 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
Pee incapacity, to be compensated according to the provisions of

5-51.

(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 ex-

sixty weeks. _

(20) (a) For silicosis and asbestosis 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 average weekly wages during twenty-six weeks.

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

(c) For silicosis and asbestosis medically determined to be in the third
stage, compensation shall be according to the provisions of §§ 65-51 and

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 proportionately
awarded.

The weekly compensation payments referred to in this section shall
all barr ect to the same limitations as to maxima and minima as set out
in .